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A  DIGEST 


OF  THE 


Masonic  Law  of  North  Carolina, 

1841   to  1906, 

AS  CONTAINED  IN  THE  RESOLUTIONS,  EDICTS 
AND  DECISIONS  OF  THE  GRAND  LODGE  AND 
ITS  SEVERAL  GRAND  MASTERS  DURING  THAT 

i"^il«r\.Iv_J.LJ.      &?*      (^*       c^*       «(5*      t^1*      c£*       ^*       t^1*      (^*      w* 

COMPILED  BY 

Alexander  B.  Andrews,  Jr., 

A  PAST  MASTER  OF  WILLIAM  G.  HILL  LODGE,  No.  218, 
RALEIGH,  N.  C. 

Printed  by  Order  of  the  Grand  Lodge. 


OXFORD,    N      C: 

PRINTED    AT    OXFORD    ORPHAN    ASYLUM. 

1907. 


v0 


TO 
FABIUS  H.   BUSBEE, 

PAST  GRAND  MASTER, 

A  personal  and  faithful  friend,  whose  thirty-four  years 
of  active  service  in  the  Grand  Lodge  of  North  Carolina, 
Ancient,  Free  and  Accepted  Masons,  first  beginning  as 
Junior  Warden  of  Hiram  Lodge,  No.  40,  in  1872,  and  later 
being  honored  with  the  exalted  station  of  Grand  Master  in 
1885  and  1886,  and  still  continues  an  active  member,  during 
which  service  he  has  most  acceptably  filled  many  important 
positions  and  stations,  twenty-five  years  of  which  as  a  mem- 
ber of  the  Committee  on  Masonic  Jurisprudence,  now  serv- 
ing his  thirteenth  year  as  its  chairman,  frequently  consulted 
with  by  succeeding  Grand  Masters,  whose  ripe  knowledge 
of  Masonic  law  and  principles  is  so  often  reflected  in  these 
pages,  this  Digest  of  Masonic  Law  of  North  Carolina  is  ded- 
icated by  the  compiler,  whose  early  professional  career 
began    in    his  law    office,  as  a    slight  token    of   esteem    and 

friendship. 

A.    B.   Andrews,   Jr. 

Raleigh,  N.  C,  October  ij,  1906. 


"  //  is  the  boast  of  the  Common  Law  that  whatever  new  cases,  or 
new  questions  arise,  they  may  be  settled  by  an  application  of  its  princi- 
ples. 

"  So  it  is  with  Masonic  Law;  the  Landmarks  and  principles  as  old  as 
the  Landmarks  arc  sufficient  for  the  decision  of  at  I  of  these  questions.'''' 

fOSLAH  H.  DRUMMOND, 

Past  Grand  Master  of  Maine, 
Report  on  Foreign  Correspondence ,  186S. 


PREFACE. 

To  the  Masonic  Fraternity  of  North  Carolina: 

In  presenting  herewith  the  Digest  of  Masonic  Law  of  the  Grand 
Lodge  of  North  Carolina,  it  is  due  to  the  Grand  Lodge  that  a  brief 
resume  should  be  given  of  the  amount  of  work  involved  and  the  cause 
for   the  length  of  time  taken  in  its  compilation. 

As  a  compilation  of  Masonic  Law  it  is  as  accurate  as  the  compiler 
could  make  it,  each  paragraph  of  Masonic  law  having  been  copied  by 
hand  by  the  compiler  from  the  volume  of  printed  Proceedings,  which 
rendered  the  work  very  tedious  and  necessitated  consuming  a  great 
deal  of  time,  which  might  have  been  used  in  arranging  a  proper  index 
digest  so  that  the  usefulness  and  quick  handling  of  the  digest  might 
have  been  greatly  improved.  Such  transcribing  was  necessary,  as  it 
was  out  of  the  question  to  get  copies  of  the  Proceedings  from  which  to 
clip  the  several  paragraphs  and  then  paste  them  together,  as  several 
suggested  the  work  could  have  been  done,  owing  to  so  very  many  of 
the  Proceedings  being  entirely  out  of  print.  As  it  is  the  Digest  only 
goes  back  to  1841,  as  that  was  as  far  back  as  the  bound  files  of  the 
Grand  Lodge  could  be  found.  Very  probably  the  earlier  Proceedings 
were  borrowed  by  some  zealous  brother  for  historical  purposes,  who  has 
so  far  omitted  to  return  them  as  he  intends  to  do. 

After  the  work  of  transcribing  was  done,  the  far  more  important 
work  of  indexing  was  quite  laborious.  Using  the  card  system  for  the 
purpose  of  making  an  index,  it  required  making  2,354  cards  for  the  594 
paragraphs,  which  then  had  to  be  distributed  alphabetically,  and  then 
each  letter  arranged  by  subjects,  and  that  followed  by  each  subject 
being  properly  arranged  by,  as  far  as  practicable,  grouping  the  items  in 
proper  arrangement,  omitting  repetitions  in  titles,  consolidating  when 
practicable,  arranging  the  index  by  subject  matter  rather  than  by  page 
letters  (which  was  not  carried  out  under  the  title  "Lodge",  which  see) 
and  a  number  of  other  small  but  tedious  details. 

All  of  the  labor  in  the  compilation  of  this  Digest  up  to  its  delivery 
to  the  printer  has  been  done  by  your  compiler  personally,  the  time 
required  for  it  having  been  odd  moments  taken  from  a  busy  life,  in  the 
hope  that  it  might  be  a  work  that  would  be  not  only  useful  to  the  Grand 
Lodge,  but  also  of  service  to  the  sixteen  thousand  Master  Masons  in  our 
State,  who  in  their  lodge  work  are  oftentimes  faced  with  puzzling 
problems  of  Masonic  law.  These  have  very  naturally  been  puzzling, 
to  them,  for  they  have  perplexed  several  of  our  Grand  Masters  to  render 
an  intelligent  decision,  and  upon   which  several  Grand   Masters   have 


VI  PREFACE. 

disagreed.  It  is  no  small  wonder  then  that  so  many  and  numerous 
questions  annually  come  to  the  Grand  Master  for  his  decision,  as  the 
Masters  of  the  three  hundred  and  sixty  lodges  have  not  had  the  tools 
with  which  to  work.  It  would  have  heen  just  as  well  to  have  expected 
a  lawyer  to  decide  intricate  and  knotty  questions  of  law  correctly 
solely  from  his  own  reasoning,  unassisted  hy  a  reference  to  any  work 
on  that  particular  subject.  No  wonder  then  that  so  many  absurd  pro- 
vincial questions  have  been  presented  to  the  Grand  Lodge  upon  appeal; 
in  one  instance  a  controversy  about  a  dog,  in  another  a  dispute  about 
the  sale  of  a  still, etc.,  all  of  which  were  returned  to  the  lodges  with  the 
statement  that  they  were  not  proper  subjects  of  Masonic  inquiry. 

As  a  Masonic  lodge  is  a  representation  of  the  world,  so  it  is  that  the 
individual  Masons  are  citizens  of  the  world,  and  through  their  history 
and  actions  may  be  traced  the  habits  and  thoughts  of  the  world  as  it 
appears  through  the  printed  Proceedings  of  the  Grand  Lodge,  from 
which  these  decisions  have  been  compiled,  which  any  Mason  will  find 
of  a  great  deal  of  interest,  and  this  subject  is  now  commended  to  some 
Masonic  student  of  history  as  a  field  well  worthy  of  investigation. 

As  men's  thoughts  are  reflected  in  their  actions,  and  what  is  written 
and  committed  to  print  cannot  be  erased  or  varied  by  spoken  language, 
so  it  is  in  the  reports  and  addresses  we  have  various  incidents  shown  up, 
which  now  seem  to  us  of  the  Twentieth  Century  quite  novel  and  odd. 

While  the  earlier  Proceedings  could  not  be  had,  it  is  well  known 
that  lotteries  were  numerous  in  the  latter  part  of  the  Eighteenth  and 
early  part  of  the  Nineteenth  Centuries,  and  besides  several  academies, 
churches  and  educational  institutions  being  benefited  by  the  proceeds 
of  chance  institutions,  we  also  find  the  Masonic  fraternity  using  such  to 
assist  some  of  their  worthy  objects.  The  period  from  1830  to  1850  may 
be  grouped  as  the  time  following  the  panic  of  1837,  during  which  so 
many  citizens  lost  their  small  accumulations,  many  of  whom  lost  with  it 
their  moral  sense  of  obligation  to  pay  a  debt,  while  others  emigrated  to 
the  new  countries  of  Indiana,  Alabama,  Mississippi,  Tennessee  and 
other  then  sparsely  settled  sections  of  the  Union;  this  is  reflected  in  the 
Grand  Lodge  Proceedings  by  the  exceedingly  large  number  of  lodges 
being  delinquent  in  their  dues  and  returns  to  the  Grand  Lodge.  The 
decade  of  1S50  to  i860,  when  the  great  work  of  internal  improvement 
was  going  on  in  our  State,  when  the  State  aided  in  building  railroads 
from  Beaufort  Harbor  through  New  Bern,  Raleigh,  Hillsboro,  Greens- 
boro and  Salisbury  to  Charlotte,  a  distance  of  320  miles,  also  had 
assisted  in  building  from  Wilmington  to  the  Roanoke  River  on  the 
Virginia  line,  a  distance  of  162  miles,  which  at  the  time  of  its  comple- 
tion was  the  longest  railroad  in  the  world,  under  a  single  management, 
as  well  as  assisting  in  numerous  other  railroads  and  works  of  internal 
improvements.  Then  were  established  the  State  asylums  for  the  insane, 
the  deaf,  the  dumb  and  the  blind;   then   the  State  University  was  at  its 


PREFACE.  Vll 

ante-bellum  height  of  prosperity;  the  State  banks  were  all  prosperous 
and  their  wealth  aggregated  many  millions;  this  is  reflected  in  the 
action  of  the  Grand  Lodge  in  establishing  St.  John's  College  at  Oxford, 
as  the  Masonic  offering  for  the  good  of  the  education  of  the  State.  The 
period  of  i860  to  1880  shows'  the  recovery  from  the  civil  war  and  its 
demoralizing  effects;  many  unworthy  men  who  were  addmitted  during 
that  tempestuous  time  had  to  be  expelled  for  many  and  varied  offenses; 
lodges  surrendered  their  charters,  some  because  of  a  dearth  incident  to  a 
loss  of  members,  others  from  factional  fights  within  itself,  and  breaches 
between  friends  which  could  never  be  healed.  This  was  also  the 
beginning  of  many  enterprises,  a  few  of  which  could  survive  the  awful 
panic  of  1873.  Then  it  was,  during  that  panic,  that  the  Masonic 
Temple,  which  the  Grand  Lodge  so  proudly  looked  forward  to,  failed  so 
signally.  In  the  enthusiasm  a  Masonic  Temple  Corporation, had  pur- 
chased a  lot,  which  was  partly  paid  for  with  a  mortgage  only,  and  begun 
preparations  for  work  with  no  definite  subscriptions  in  sight,  but  only 
the  encouraging  words  of  enthusiastic  Masons,  "Go  ahead,  the  Grand 
Lodge  will  stand  behind  you,"  but  in  the  panic  of  1873,  when  the  rev- 
enues fell  off  and  the  expected  subscriptions  from  these  and  other 
enthusiastic  brethren  did  not  come  in,  nor  were  the  subscriptions 
being  paid  as  expected,  then  fell  the  enterprise,  what  little  had  been 
paid  upon  the  lot  having  been  eaten  up  by  interest.  With  that  experi- 
ence of  the  Grand  Lodge,  it  speaks  well  for  the  present  Masonic  Temple 
Committee  that  they  have  hesitated  to  begin  work  until  they  are  assured 
that  they  run  no  risk,  not  only  of  involving  the  Grand  Lodge  in  debt, 
but  also,  of  not  losing  one  cent  of  what  the  Grand  Lodge  has  entrusted 
to  them.  This  they  have  done  in  the  face  of  almost  hostile  criticism 
which  has  seemed  to  blame  them  for  not  beginning  the  work.  But  with 
the  failure  of  the  home  for  the  Grand  Lodge  in  the  panic  of  1873,  there 
came  an  institution  which  has  far  surpassed  the  hopes  of  its  most  ardent 
and  enthusiastic  friends.  In  1872  was  established  upon-  the  ruins  and 
blasted  hopes  of  St.  John's  College  at  Oxford,  the  Oxford  Orphan 
Asylum,  whose  noble  work,  now  caring  for  270  orphan  boys  and  girls, 
many  of  whom,  without  the  protecting  care  of  this  institution,  would 
grow  up  to  become  inmates  of  workhouses  and  penitentiaries,  or  lead 
lives  of  shame  and  become  outcasts  from  society.  The  successful  history 
of  that  institution  is  indelibly  written  upon  the  character  of  the  over 
two  thousand  citizens  of  this  and  other  States,  whose  lives  of  usefulness 
and  their  benefit  to  society  and  their  communities,  tell  far  more  elo- 
quently than  any  feeble  words  of  man  can  speak. 

From  1880  to  1900  we  see  the  steady  growth  of  Masonry  in  interest, 
in  numbers  and  in  enthusiastic  brethren,  interrupted  as  it  is  when  the 
State  suffered  during  the  panic  of  1893.  During  that  period  we  see 
reflected  the  patriotism  which  led  the  Grand  Lodge  to  observe  the 
Centennial  at  Tarboro  in  1897,  and  other  anniversaries  to  be  fittingly 


Vlll  PREFACE. 

observed.  From  1900  to  the  present,  when  our  State  is  so  rapidly 
growing  and  developing,  it  is  reflected  in  the  erection  of  magnificent 
halls  for  the  Order  such  as  at  Wilmington,  at  Winston  and  other  places, 
while  the  plans  are  maturing  and  work  is  almost  ready  to  begin  upon 
the  Grand  Lodge  Masonic  Temple  at  Raleigh. 

Other  instances  of  the  reflected  actions  of  the  times  might  be  mul- 
tiplied and  very  readable  would  they  be,  but  that  work  is  for  Masonic 
historians,  or  future  compilers  of  digest,  who  may  have  or  find  the 
time  to  intelligently  narrate  such  facts,  and  array  them  in  such  pleasing 
manner  as  delights  discerning  readers. 

The  idea  of  this  Digest  suggested  itself  to  the  compiler  in  1899,  as  a 
work  that  could  be  done  at  odd  intervals  and  be  of  service  to  the  Craft, 
and  the  matter  was  mentioned  to  Grand  Master  Noble  and  also  Grand 
Master  Royster,  who  succeeded  him,  although  nothing  was  done  on  the 
subject  until  after  the  Grand  Lodge  meeting  of  1902,  when  the  compiler 
undertook  the  work,  which  has  proved  a  far  more  herculean  task 
than  was  anticipated,  yet  with  it  is  the  satisfaction  that  it  will  last  for 
several  years  to  come. 

Said  Grand  Master  Noble  in  his  address  in  1900: 

"I  would  suggest  that  a  committee  of  one  (or  three)  beappointed  to 
look  up  all  the  decisions  made  by  the  Grand  Masters  for  the  past 
thirty-five  (35)  years,  and  copy  them  into  a  book  to  be  kept  by  the 
Grand  Master  for  reference.  It  would  be  of  great  benefit  to  him  in  his 
work."      (1900  Proceedings,  Page  24). 

The  Committee  on  the  Grand  Master's  Address  (Past  Grand  Mas- 
ters John  W.  Cotten,  F.  M.  Moye  and  Walter  E.  Moore),  recognized 
the  vahie  of  such  a  work,  but  the  time  was  not  deemed  ripe  for  it  to  be 
undertaken  and  they  disposed  of  it  as  follows: 

"As  to  the  suggestion  of  the  Grand  Master  that  the  decisions  of 
Grand  Masters  for  the  past  thirty-five  years  be  looked  up  and  copied  in 
a  book  for  the  use  of  the  Grand  Masters,  we  would  say  that  if  the  same 
could  be  done  it  would  be  a  great  help  to  Grand  Masters  in  the  dis- 
charge of  their  duties  and  very  useful  to  Masters  of  Subordinate  Lodges, 
but  recommend  that  the  same  be  not  done  now,  as  it  would  entail  consid- 
erable expense  on  the  Grand  Lodge."      (1900  Proceedings,  Page  61). 

In  1902,  Grand  Master  B.  S.  Royster,  with  whom  the  matter  had 
been  talked,  made  the  following  recommendation: 

"In  addition  to  the  foregoing  decisions,  a  great  many  questions 
were  asked  by  the  brethren  which  w7ere  answered  by  referring  them  to 
some  section  of  the  Code,  or  a  decision  approved  by  the  Grand  Lodge. 
In  this  connection  permit  me  to  say  that  it  is  very  difficult  for  the 
Grand  Master  to  make  decisions  when  he  is  entirely  in  the  dark  as  to 
what  the  Grand  Lodge  has  said  upon  similar  questions.  Some  means 
ought  to  be  provided  whereby  the  Grand  Master  could  have  the  benefit 
of  what  the  Grand  Lodge  has  decided  to  be  the  law  in  certain  cases. 
The  cost  of  a  digest  of  the  decisions  of  the  Grand  Masters  and  the  action 
thereon  by  the  Grand  Lodge  would  not  be  very  great  and  its  benefit  is 
apparent  to  everyone  who  wishes  to  be  posted  as  to  the  law  of  the 
Order."      ( 1902  Proceedings  Page  21). 


PREFACE.  IX 

-  "My  interest  in  the  welfare  and  more  extensive  spread  of  the  influ- 
ence of  Masonry  prompt  me  to  call  your  attention  to  one  or  two  matters 
that  should  be  considered  at  this  session.  *         *         *         *         * 

"Second.  The  laws  and  decisions  of  the  Grand  Lodge  should  be  care- 
fully codified  and  published  inconvenient  and  inexpensive  form.  A  book 
of  this  kind  would  be  of  incalculable  benefit  to  the  Craft  and  the  Grand 
Masters  would  have  something  to  guide  them  in  the  discharge  of  the 
duties  of  their  office."      (1902  Proceedings,  Page  25) . 

The  Committee  on  the  Grand  Master's  address  (Past  Grand  Masters 
John  W.  Cotten  and  F.  M.  Moye)  recommended  this  work  to  be  under- 
taken: 

"We  heartily  approve  the  recommendation  of  the  Grand  Master  as 
to  the  codification  of  the  laws  and  decisions  of  the  Grand  Lodge." 
(1902  Proceedings,  Page  79) . 

Action  was  taken  that  same  session  on  this  recommendation,  and 
we  find: 

"Bro.  R.  N.  Hackett  introduced  the  following  resolution  in  regard  to 
the  codification  of  the  laws  and  decisions  of  the  Grand  Lodge,  as  recom- 
mended in  the  report  of  the  Grand  Master.  On  motion,  the  resolution 
was  referred  to  the  Committee  on  Jurisprudence: 

" Resolved,  That  a  commission  of  three  be  appointed  to  codify  the 
laws  and  prepare  a  digest  of  the  decisions  of  the  Grand  Masters,  and 
report  to  the  next  Annual  Communication  of  this  Grand  Lodge."  (1902 
Proceedings,  Page  85) . 

The  Committee  on  Masonic  Jurisprudence  (Bros.  E.  F.  Lamb,  T. 
B.  Womack,  W.  B.  McKoy,  J.  H.  Fleming,  S.J.  Calvert,  W.  B.  Gaither, 
and  F.  P.  Hobgood,  Jr.),  approved  the  report: 

"That  they  recommend  that  the  Grand  Master  appoint  a  committee 
of  three  members  of  the  Grand  Lodge  to  prepare  a  digest  of  the  deci- 
sions and  laws  of  the  Grand  Lodge  as  a  supplement  to  the  Code.  (1902 
Proceedings,  Page  108) . 

"In  compliance  with  the  above  report,  the  Grand  Master  appointed 
the  following  committee  to  codify  the  decisions  and  laws  of  the  Grand 
Lodge:  T.  B.  Womack,  P.  M.  Pearsall  and  A.  B.  Andrews,  Jr."  (1902 
Proceedings,  Page  109) . 

At  the  Annual  Communication  of  1903  the  Committee  made  the  fol- 
lowing report: 

"We,  the  undersigned,  a  Special  Committee  appointed  by  the  Grand 
Lodge  of  North  Carolina,  A.  F.  &  A.  M.,  at  its  Communication  in  Janu- 
ary, 1902,  to  revise  and  codify  the  Masonic  law  of  this  jurisdiction,  beg 
leave  to  respectfully  report  that  Bro.  A.  B.  Andrews,  Jr.,  was  appointed 
a  sub-committee  to  prepare  the  work  and  submit  the  same  to  the  Com- 
mittee for  its  approval,  before  reporting  it  to  the  Grand  Lodge. 

"It  has  been  found  that  this  requires  much  more  labor  than  was 
originally  contemplated,  and  hence  a  longer  time  is  required  to  do  it. 
Considerable  progress  has  been  made. 

"We  respectfully  recommend  that  the  Committee  be  continued  for 
another  Masonic  year."      (1903  Proceedings,  Page  56). 

In  1904  the  Committee  made  the  following  report: 

"Your  Committee  to  codify  the  decisions  of  the  Grand  Masters  beg 
to  report  that  some  progress  has  been  made  by  the  Committee  (through 
its  Sub-committee)  on  the  work,  but  that  it  is  unable  to  make   report 


X  PREFACE. 

now,  and  ask  that  the  Committee l>e  reduced  to  one,  Bro.  A.  B.  Andrews, 
Jr.,  and  be  continued  until  next  Communication."  (1904  Proceedings, 
Page  91). 

In  1905  the  Committee  was  continued  upon  the  following  report: 

"Your  Committee  to  codify  the  decisions  of  the  Grand  Masters  beg 
to  report  that  their  work  has  not  been  completed,  and  they  therefore 
ask  that  they  be  continued  until  the  next  Annual  Communication." 
(1905  Proceedings,  Page  99). 

The  haste  of  the  brethren  to  have  the  decisions  to  refer  to,  if  neces- 
sary at  the  expense  of  the  completing  of  the  compilation  and  indexing 
of  the  same  is  shown  in  the  Grand  Master's  address  in  1906,  who  stated 
in  his  address: 

"Yet  in  this  connection  it  might  be  well  to  suggest  that  the  Com- 
mittee appointed  four  years  ago  to  codify  the  laws  and  prepare  a  digest 
of  the  decisions  of  the  Grand  Masters  and  report  to  the  next  Annual 
Communication  of  the  Grand  Lodge,  should  perform  its  work,  and 
make  a  report,  in  order  that  in  rendering  decisions  a  Grand  Master  may 
refer  to  approved  precedents."      (1906  Proceedings,  Page  21). 

The  Committee's  report  to  the  Grand  Lodge  of  its  work  will  be 
found  in  the  proceedings  of  that  same  evening,  where  they  report  as 
follows: 

"Your  Special  Committee,  appointed  to  collect,  codify  and  index 
the  decisions  of  the  Grand  Masters  and  the  several  points  of  Masonic 
jurisprudence,  as  set  forth  in  the  committee  reports  of  the  Grand  Lodge, 
beg  tp  report  the  following: 

"1.  Beginning  with  1850,  all  the  decisions  of  the  Grand  Masters 
and  the  several  points  of  Masonic  jurisprudence  have  been  digested  and 
copied  off  in  consecutive  order,  they  being  5S5  separate  items  of 
Masonic  law,  and  making  a  manuscript  of  nearly  250  pages. 

"2.  The  work  still  lacks  an  index,  which  has  not  yet  been  made, 
owing  to  the  press  of  business  of  your  Committee,  as  a  large  part  of  the 
work  of  transcribing  and  codifying  had  to  be  done  at  odd  times,  taken 
from  a  busy  life. 

"3.  The  preparation  of  an  index,  so  that  it  will  be  of  use  to  the 
Fraternity,  is  something  that  should  be  carefully  done,  and  this  your 
Committee  can  have  prepared  and  the  manuscript  delivered  to  the 
printer  in  sixty  or  ninety  days,  at  the  farthest. 

"4.  Your  Committee  would  respectfully  recommend  that  the 
Grand  Lodge  would  direct  the  printing  of  fifteen  hundred  copies  of  this 
digest,  and  that  three  copies  thereof  be  sent  by  the  Grand  Secretary  to 
each  lodge  in  this  Jurisdiction,  for  the  use  of  their  officers,  the  remain- 
der to  be  delivered  to  the  Grand  Secretary." 

The  recital  of  the  foregoing  resohitions  look  like  the  Committee 
took  an  interminable  long  time  to  prepare  their  work  and  were  very 
slow  in  doing  so,  3ret  whatever  is  worth  doing  is  worth  doing  well,  if  it 
is  to  be  of  service  to  anyone,  and  that  idea  has  been  carried  out  in  this 
compilation  work,  even  at  the  risk  of  being  criticised  for  remissness  in 
not  doing  the  work,  for  it  had  to  be  done  at  odd  times,  and  like  all 
labors  it  must  not  displace  a  man  from  his  bread-winning  occupation 
and  consume  the  time  that  others  are  compensating  him  for  pecuniarily 
to   attend  to  work  .for  them.     Such  has  been  the  history  of  the  compib 


PREFACE,  XI 

ing  of  this  book,  and  the  indexing  was  delayed  beyond  the  estimated 
ninety  days,  as  demands  on  my  time,  six  weeks  being  occupied  in  the 
trial  of  one  contested  case,  prevented  my  devoting  the  required  time  to 
this  labor  of  love  for  the  good  of  Masonry  and  Masonic  law. 

During  the  compiling  of-  this  monograph  several  times  are  there 
found  references  to  this  work  having  been  undertaken  at  prior  times  by 
zealous  Masons,  none  of  which  (excepting  alone  the  Code  revision  by 
Bro.  Donald  M.  Bain)  were  ever  brought  to  a  successful  end,  and 
references  to  some  of  these  are  not  out  of  place  here. 

In  the  Proceedings  of  1842  appears  the  following  resolution: 

"Whereas-,  At  the  communications  of  this  Grand  Lodge,  various 
resolutions  of  importance  to  Masonry,  and  the  workings  of  the  Grand 
Lodge  and  its  Subordinate  Lodges,  have  been  adopted;  and  whereas,  it 
is  important  that  said  resolutions  should  be  embodied  for  reference  and 
information,  therefore 

"Resolved,  That  in  publishing  the  Proceedings  of  the  Grand  Lodge 
at  it,s  present  communication,  the  Secretary  be  required  to  collect  from 
the  records  all  resolves,  etc.,  of  the  Lodge  and  publish  the  same  with 
the  Proceedings  ;  and  in  case  of  any  conflict  of  said  resolves,  that  he 
submit  the  same  to  the  decision  of  the  Most  Worshipful  Grand  Master." 

Again  in  the  Proceedings  pf  1849  appears  the  following: 

"Bro.  R.  G.  Rankin's  resolution  was  called  up  and  adopted  as 
follows: 

"Resolved,  That  a  Committee  of  three  be  appointed  to  prepare  a 
Digest  of  all  the  rules  and  regulations  of  the  Grand  Lodge  now  in  force, 
since  its  organization;  and  that  said  Digest  be  published  with  the  Pro- 
ceedings of  this  communication.  Bros.  William  J.  Clarke,  R.  G.  Rankin 
and  C.  P.  Mendenhall  compose  that  Committee."  (1849  Proceedings, 
Page  32) . 

That  Committee  made  report  the  succeeding  year,  reporting  thirty 
nine  resolutions,  making  five  pages  of  the  Grand  Lodge  Proceedings, 
which  comprised  from  1809  to  1849.      (1850  Proceedings,  Pages  28^333). 

The  same  year  Bro.  W.  T.  Bain  (Page  43)  has  an  announcement  of  a 
proposed  digest  to  be  issued  by  him,  which  is  to  be  a  handbook  of  North 
Carolina  Masonry  and  not  a  Digest  of  Masonic  Law. 

Again  in  1854,  the  Committee  on  the  Grand  Master's  address 
(Bros.  W.  K.  Blake,  H.  I.  Macon  and  Jos.  A.  Houston)  reported  as 
follows: 

"Your  Committee  being  favorably  impressed  with  the  utility  of 
arranging  a  digest  of  the  Laws  and  Resolutions  of  the  Grand  Lodge 
now  in  force;  also  of  the  propriety  of  employing  some  suitable  person  or 
persons  to  prepare  an  historical  sketch  of  the  Order  in  this  State,  under 
the  administration  of  the  successive  Grand  Masters,  since  its  organiza- 
tion to  the  present  time,  would  recommend  that  these  subjects  be 
referred  to  a  special  committee."  (Page  20).  This  was  referred  to  a 
committee. 

In  1855  we  find  the  following  resolution.      (Page  50). 

Bro.  W.  K.  Blade  submitted  the  following  resolution,  which  was 
adopted: 

"Resolved,  That  a  committee  of  three  be  appointed    to  prepare  a 


Xll  PREFACE, 

Digest  of  the  Resolutions  and  Regulations  of  the  Grand  Lodge  now  in 

force,  and  that  the  Grand  .Secretary  be  instructed  to  have  the  same, 
together  with  the  Constitution  and  By-laws  of  the  Grand  Lodge,  and  the 
form  adopted,  to  he  ohserved  in  the  conduction  of  trials,  printed  in 
pamphlet  form,  and  distributed  among  the  Subordinate  Lodges  in  the 
State.     It  is  further 

" Resolved,  That  this  Committee  be  required  to  report  to  tlie  Most 
Worshipful  Grand  Master  at  an  early  period  after  the  close  of  this 
Grand  Communication,  who  after  a  careful  supervision,  shall  forward 
the  same  to  the  Grand  Secretary  for  publication." 

Bros.  Blake,  Smith  and  Adams  are  the  Committee  on  the  above 
resolution. 

This  Committee  performed  their  work,  and  the  compilation  of  the 
Standing  Resolutions,  and  the  Forms  Governing  Trials,  as  well  as  the 
Constitution  and  By-laws,  were  printed  and  distributed,  they  appearing 
as  an  Appendix  of  31  pages  to  the  Proceedings  of  that  year,  of  which 
the  permanent  resolutions  embrace  six  pages.  Prefatory  to  the  pam- 
phlet appears  the  following  letter  from  Grand  Master  P.  A.  Holt  to 
Grand  Secretary  W.  T.  Bain: 

"I  herewith  transmit  you  for  publication  the  Digest  of  the  'Resolu- 
tions and  Regulations  of  the  Grand  Lodge  now  in  force,  together  with 
its  Constitution  and  By-laws,'  as  reported!  by  the  Committee  appointed 
for  that  purpose.  The  labor  imposed  on  the  Committee  was  much  more 
onerous  than  was  anticipated,  and  has  consequently  rendered  the  delay 
in  making  their  report  unavoidable.  I  have  given  it  a  careful  supervi- 
sion and  believe  it  to  be  as  correct  in  all  particulars  as  it  is  possible,  at 
present,  to  render  it,  and  much  hope  the  valuable  Masonic  Law  it  con- 
tains will  amply  compensate  Subordinate  Lodges,  for  the  delay  in 
receiving  it." 

In  1859  appears  the  following  Resolution.      (Page  27). 

"Bro.  L.  S.  Williams,  Grand  Master  elect  offered  the  following  res- 
olution, which  was  unanimously  adopted,  viz: 

"Resolved,  That  a  Committee  be  appointed  to  have  the  Resolutions 
now  appended  to  the  By-laws,  together  with  those  passed  at  the  Sessions 
of  1855,  '56,  '57,  '58  and  '59  collected  and  printed  in  the  Proceedings  of 
this  Grand  Communication." 

The  Committee,  under  the  above  resolution,  consisting  of  H.  C. 
Lucas  and  A.  M.  Campbell  immediately  made  report,  their  revisal  com- 
prising slightly  more  than  six  pages,  as  they  culled  out  such  as  were 
not  effective.  , 

In  1865  (Page  16)  we  find  the  following  resolution  relative  to  a 
Digest  of  Masonic  Law: 

Bro.  H.  E.  Colton  introduced  the  following  resolution: 

"Resolved,  That  the  Grand  Master  appoint  two  brethren  who,  with 
himself,  shall  constitute  a  Committee  to  prepare  a  Digest 
of  Masonic  Law  in  the  form  of  questions  and  answers,  which  they  shall 
have  published  for  the  use  of  the  Subordinate  Lodges,  especially  for 
trials,  said  Digest  to  be  condensed  from  the  works  of  Bros.  Mackey, 
Mitchell  and  other  Masonic  writers." 

In  1866  this  Committee  was  continued  (Page  38)  and  Bros.  T.  B. 
Carr  and  Alfred  Martin  appointed  to  act  with  them: 


PREFACE.  JS111 

"  Resolved,  That  the  Resolution  on  Page  16  of  the  Proceedings  of 
1865  relative  to  the  Digest  of  Masonic  Law  be  continued  in  force  during 
the  present  year." 

Printed  with  the  Proceedings  of  1866  are  the  Constitution,  By-Laws, 
etc.,  of  the  Grand  Lodge,  together  with  eight  page?  of  standing  Reso- 
lutions,  which  have  been  revised  up  to  that  time. 

In  1867  (Page  15)  the  Committee  reported  recommending  that  the 
larger  number  of  these  resolutions  be  omitted,  as  they  were  not  then  in 
force. 

At  that  same  Communication,  we  find  the  work  of  the  Committee 
again  referred  to  in  the  following  resolution.      (Page  49) . 

By  Bro.  M.  L.  Winston: 

"  Whereas,  This  Grand  Lodge  in  1865  appointed  a  Committee  to  pre- 
pare and  publish  a  Digest  of  Masonic  Law.  and  this  Committee  was  con*' 
tinued  at  the  last  Annual  Communication  of  this  Grand  Lodge,  and 

"  Whereas,  We  have  published  within  our  Masonic  Jurisdiction,  two 
Masonic  journals,  and  as  we  all  desire  light  and  to  have  the  same  gen- 
erally diffused,  therefore, 

"Resolved,  That  portions  of  the  report  of  said  Committee  be  pub- 
lished in  the  'Masonic  Sun'  and  the  'Square  and  Compass,'  respect- 
ively, from  time  to  time  as  the  Committee  may  be  enabled  to  prepare  it, 
without  expense  to  the  Grand  Lodge." 

As  an  appendix  to  the  Proceedings  of  that  year  is  a  34  page  pamph- 
let, prepared  by  the  Grand  Secretary  or  the  Committee  herinbefore 
named,  which  is  very  good  and  embraces  decisions  as  well  as  resolutions, 
the  Masonic  law  part  comprising  fourteen  pages. 

In  1868  the  Committee  made  the  following  report: 

"Your  Committee,  appointed  at  the  communication  of  your  Grand 
Body  in  1865  and  continued  at  the  last  Annual  Communication,  with 
additional  instructions,  to  prepare  and  publish  a  'Digest  of  Masonic 
Law  in  the  form  of  questions  and  answers,'  have  during  the  past  year 
bestowed  much  time  and  labor  in  the  performance  of  the  duty  imposed 
upon  them,  and  have  in  accordance  with  the  instructions  of  the  last 
communication,  published  portions  of  their  report  in  the  'Masonic  Sun' 
and  'Square  aud  Compass,'  respectively,  from  time  to  time,  as  the  Com- 
.mittee  were  enabled  to  prepare  it. 

"They  regret  that  they  have  as  yet  been  enabled  to  perform  but  a  com* 
paratively  small  portion  of  the  duty  assigned  them,  and  are  therefore 
constrained  to  ask.  further  time  for  the  completion  of  their  report." 
(Page  25) ,  The  report  being  signed  by  R.  W.  Best,  Alfred  Martin  and 
Thos.  B.  Carr. 

In  1873  this  matter  of  the  preparation  of  a  Masonic  Digest  is  again 
presented  to  the  Grand  Lodge,  this  time  by  the  Grand  Master,  (Wor. 
Bro.  John  Nichols),  who  in  his  annual  address  said: 

"In  this  connection,  I  will  also  call  your  attention  to  another  matter 
which  I  consider  of  much  importance  to  the  Craft  in  this  State,  viz:  The 
preparation  of  a  Digest  of  the  decisions  of  the  several  Grand  Masters, 
which  have  not  been  overruled  by  the  Grand  Lodge.  These  decisions, 
until  so  overruled,  have  all  the  force  of  Masonic  law  in  this  Jurisdiction; 
but  they  are  scattered  through  so  many  volumes  of  the  Proceedings  that 
they  cannot  be  readily  referred  to  even  by  those  having  complete  sets, 


XIV  PREFACE. 

and  very  few  lodges  have  complete  files  of  our  Proceedings.  The  new- 
lodges,  which  especially  have  need  of  the  law,  are  unable  to  obtain  it, 
and  are  forced  to  grope  in  darkness,  or  apply  to  the  Grand  Master  for 
decisions  which  have  been  rendered  again  and  again.  A.  small  hand- 
book, containing  the  Constitution  and  By-laws  and  edicts  of  the  ('.rand 
Lodge,  with  a  digest  of  the  decisions  of  the  Grand  Masters  now  in  force, 
rides  for  conducting  Masonic  trials,  forms  nsefnl  and  necessary  for 
transacting  lodge  business,  with  a  copious  index,  would  be  invaluable 
to  the  officers  of  our  »Subordinate  Lodges — would  greatly  tend  to  system 
and  uniformity,  and  not  only  save  the  Grand  Master  much  labor,  but 
would  greatly  contribute  to  the  dissemination  of  Masonic  knowledge  in 
our  midst,  and  thus  save  much  valuable  time  to  the  committees  of  the 
Grand  Lodge.  I  am  confident  if  such  work  were  placed  in  the  hands  of 
the  officers  of  each  Subordinate  Lodge  in  the  State,  that  the  lnisiness 
of  this  Grand  Lodge  could  be  dispatched  in  one-half  the  time  now 
required,  and  the  remainder  of  the  session  could  be  most  profitably  spent 
in  the  exemplification  of  the  work,  and  discussion  of  such  Masonic 
questions  as  might  be  presented.  Such  work  would  add  greatly  to  the 
dignity  of  this- Grand  Body,  and  delegates  would  return  home  with  a 
sense  of  greater  satisfaction  than  at  present,  then  the  larger  part  of  the 
Grand  Lodge  is  consumed  in  the  discussion  of  frivolous  ca<e-. 
which  well-informed  Subordinate  Lodges  could  easily  have  determined. 

"For  these  and  other  reasons,  not  necessary  to  state,  I  recommend 
that  the  duty  of  preparing  such  a  digest  as  that  suggested  be  assigned 
either  to  the  Committee  on  Masonic  Jurisprudence,  or  to  a  special  com- 
mittee appointed  for  that  purpose."      (1873  Proceedings,  Page  10.) 

On  this  Committee  was  appointed  Bros.  R.  W.  Best,  P.  G.  M., 
Solomon  Pool  and  A.  A.  Mclver.      (Page  37). 

This  Committee  made  the  following  report  at  that  same  session  of 
the  Grand  Lodge: 

"Your  Committee,  to  whom  was  referred  so  much  of  the  M.  W. 
Grand  Master's  address  as  relates  to  Masonic  decisions,  etc.,  beg  leave 
to  submit  the  following  report: 

"We  heartily  concur  in  the  opinion  of  the  Grand  Master,  and 
recommend  that  a  special  committee  of  three  be  appointed  by  the  Grand 
Master,  whose  duty  it  shall  be  to  prepare  and  have  printed  handbooks, 
containing  the  Constitution,  By-laws  and  Edicts  of  the  Grand  Lodge, 
with  a  digest  of  the  decisions  of  the  Grand  Masters  now  in  force,  rules 
for  conducting  Masonic  trials,  useful  and  necessary  forms  for  the  trans- 
action of  business,  with  copious  index.  Said  book  to  be  called  'Masonic 
Digest'  'North  Carolina,'  and  when  so  published,  shall  be  sold  to  the 
lodges  and  individual  Masons  and  others  at  such  price  as  shall  be 
agreed  upon  by  said  Committee,  and  the  proceeds  paid  to  the  Grand 
Treasurer.  (1873  Proceedings,  Page  47.)  This  report  was  laid  over 
until  the  succeeding  year. 

Again  in  1874  this  subject  is  brought  up  by  Grand  Master  John 
Nichols,  who  in  his  address  says:      (Page  13.) 

"DIGEST   OF   MASONIC    LAW. 

"The  necessity  of  a  digest  of  the  law  of  this  Jurisdiction  is  manifest. 
Laws  and  decisions  undigested,  though  important  in  their  nature,  are 
obsolete,  from  the  fact  that  being  unknown,  they  are  unobserved  by  the 
lodges.  As  this  subject  will  come  before  you  at  the  present  communica- 
tion as  unfinished  business,  I  call  your  attention  to  that  part  of  the 
Grand  Secretary's  report  in  reference  to  it."      (Page  13.) 


PREFACE.  XV 

Said  Grand  Secretary  Donald  W.  Bain,  in  his  report: 

"MASONIC  DIGEST. 
"Realizing  the  great  importance,  if  not  actual  necessity,  of  having 
a  digest  of  the  law  of  this  Jurisdiction,  including  the  decisions  in  force 
of  Grand  Masters,  together  with  the  necessary  various  forms,  it 
was  my  purpose  to  prepare  such  a  work  during  the  past  year  and  pre- 
sent it  to  this  Grand  Body,  but  owing  to  its  magnitude  it  remains 
unfinished.  If  it  be  the  pleasure  of  this  Grand  Lodge  to  accept  the  work 
for  publication,  it  will  be  equally  my  pleasure  to  complete  and  pub- 
lish it  after  examination  and  endorsement  by  a  committee  that  may  be 
appointed  for  that  purpose.  The  Grand'  Lodge  would,  no  doubt,  be 
reimbursed  for  any  expense  of  printing,  by  subscription  from  lodges. 

"Should  this  work  not  be  prosecuted  at  the  instance  of  the  Grand 
Lodge,  I  suggest  that  it  is  necessary  to  have  printed  a  new  edition  of 
the  Constitution,  By-laws  and  Standing  Resolutions  of  this  Jurisdiction, 
as  the  last  edition  is  nearly  exhausted  and  not  equal  to  the  demand." 
(Page  24). 

That  same  year,  we  find  the  Grand  Lodge  adopts  the  following: 
"Bro.  W.  R.  Cox  introduced  the  following  resolution: 
''Resolved,  That  the  Grand  Secretary  is  hereby  requested  to  pre- 
pare the  Digest  of  Masonic  Law  mentioned  in  his  report,  and  that 
P.  G.  M.,  Win.  G.  Hill,  with  two  other  brethren,  be  appointed  a  Com.- 
mittee  to  examine  and  revise  the  same,  and  said  Committee,  with  the 
Grand  Secretary,  are  authorized  to  have  it  published  in  book  form  on 
the  most  favorable  terms,  for  the  use  of  the  Grand  Lodge. 

"The  resolution  was  adopted,  and  the  Grand  Master  (Bro.  G.  W. 
Blount)  subsequently  appointed  Bros.  W.  R.  Cox  and  J.  B.  Neathery  to 
act  with  Bro.  W.  G.  Hill  as  the  Committee  therein  provided."  (Page  57) . 
The  work  of  this  Committee,  which  was  to  examine  the  work  of 
Bro.  D.  W.  Bain,  who  compiled  the  Regulations  and  By-laws,  is  shown 
in  1875,  when  we  have  the  following  from  the  address  of  the  Grand 
Master  (G.  W.  Blount).      (Page  18): 

"This  work  is  the  final  result  of  a  resolution  introduced  several 
years  ago,  looking  to  the  compilation  of  a  handbook  for  the  guide  of 
lodges  in  Masonic  law.  I  cannot  better  say  than  has  Bro.  Bain  what 
the  volume  contains.  He  says  in  the  preface:  'It  embraces  the  Consti- 
txition  and  Laws  of  the  Grand  Lodge,  the  Ancient  Constitution  and 
Charges,  all  public  ceremonies,  and  necessary  blanks  used  by  lodges.' 
"it  will  be  seen  at  a  glance  that  it  was  a  work  involving  a  great 
labor,  research  and  knowledge  of  Masonic  law.  He  has  from  past  legis- 
lation of  the  Grand  Lodge,  from  its  By-laws  and  resolutions  eliminated 
the  law  as  now  existing,  arranged  the  various  subjects  under  appropri- 
ate sections,  and  perfectly  digested  the  crude  mass  into  intelligible, 
legal  and  Masonic  phraseology,  and  with  the  index  we  may,  with  readi- 
ness, turn  to  any  subject.  Too  high  praise  cannot  be  awarded  for  the 
faithfulness  with  which  the  work  has  been  done,  and  I  might  say,  the 
exquisite  taste  in  its  arrangement  and  order. 

"It  will  relieve  Masters  and  other  officers  of  lodges  of  much  work 
in  the  performance  of  their  duties,  and  save  the  trouble  of  correspond- 
ence with  the  Grand  Master,  and  to  a  very  great  extent  aid  the  Grand 
Master.  Let  it  be  adopted  by  the  Grand  Lodge  as  the  law,  and  then  let 
every  lodge,  Master  and  intelligent  Mason  obtain  copies,  and  make  the 
work  a  handbook  indeed."      (Page  18). 


XVI  PREFACE. 

Said  Grand  vSecrelary  Bain  in  Ins  report: 

"MASONIC    CODK. 

"This  work  has  been  prepared  and  published  under  the  authority 
given  by  the  Grand  Lodge  at  its  last  Animal  Communication.  .Much 
care  was  taken  to  make  it  entirely  reliable.  It  was  examined  by  the 
Committee  appointed  by  the  Grand  Lodge  to  revise  it,  and  received 
their  endorsement  before  publication.  It  being  designed  for  a  hand- 
book as  well  as  a  Code  of  Jurisprudence,  the  various  public  ceremonies 
and  blank  forms  used  by  lodges,  and  other  important  matter  are  com- 
prised in  it. 

"After  consultation  with  the  Grand  Master  and  Committee,  its  price, 
was  fixed  at  one  dollar.  The  residue  of  the  proceeds  of  its  sale,  after 
paying  the  expenses  of  its  publication  and  distribution,  will  be  paid  into 
the  Grand  Treasury.  One  thousand  copies  were  printed.  It  was  a  work 
of  pleasure,  and  was  cheerfully  performed  under  a  due  appreciation  of 
the  need  of  the  Fraternity  in  this  Grand  Jurisdiction  of  such  a  compila- 
tion."     (Page  27) . 

The  Committee  made  the  following  report: 

"Your  Committee,  appointed  at  the  last  Annual  Communication  to 
examine  the  Code  of  Masonic  Law,  then  in  preparation  by  the  Grand 
Secretary,  beg  leave  to  report  that,  upon  the  completion  of  the  compila- 
tion by  the  Grand  Secretary,  he  submitted  the  manuscript  to  us.  Your 
Committee  carefully  read  and  corrected  (wherever  correction  was 
deemed  necessary)  the  entire  work,  and  take  pleasure  in  bearing  testi- 
mony to  the  able  and  faithful  manner  in  which  the  work  has  been  per- 
formed by  Bro.  Bain.  One  thousand  copies  have  been  printed,  and  the 
price  fixed  at  one  dollar  per  copy — a  little  more  than  sufficient  to  pay 
expenses  of  compilation  and  publication. 

"1.  Your  Committee  recommend  that  the  Code  be  adopted  as  the 
law  of  this  Grand  Lodge,  and  that  Subordinate  Lodges  and  Masons  in 
this  Grand  Jurisdiction  be  required  to  recognize  and  treat  it  as  such. 

"2.  That  the  title  in  said  Code  be  considered  the  property  of.  Bro. 
D.  W.  Bain,  and  that,  after  paying  the  expenses  of  publication,  he  be 
authorized  to  retain  any  further  sums  received  by  him  from  the  sale 
thereof  as  a  compensation  for  his  services  in  its  preparation  and  publi- 
cation."     (Page  76) . 

Valuable  as  was,  ami  the  revised  edition  still  is,  to  the  Masonic 
Craft,  we  see  that  in  a  few  years  there  is  another  demand  by  the  Fra- 
ternity for  a  digest  of  the  "Grand  Master  enacted  law"  as  well  as 
having  the  written  law,  and  at  the  Communication  of  1S80  we  find 
Grand  Master  William  R.  Cox  making  the  following  recommendation 
in  his  annual  address: 

"While  I  rendered  many  decisions  in  regard  to  matters  in  this 
Jurisdiction,  they  have  been,  in  the  main,  anticipated  by  rulings  of  my 
predecessors  anil  our  Masonic  Code.  Hence  I  will  not  encumber  your 
records  with  them.  It  is  manifest  that  the  officers  of  many  of  our 
lodges  eithe'r  have  not  the  facilities,  or  else  do  not  seek,  to  familiarize 
themselves  with  such  matters.  I  recommend,  therefore,  that  the  Com- 
mittee on  Masonic  Jurisprudence  be  directed  to  digest  the  decisions  of 
the  Grand  Masters,  and  that  the  Grand  Secretary  be  instructed  to  pub- 
lish them,  with  such  changes  of  our  Masonic  Code  as  may  have  been 
made  since  its  adoption.  By  furnishing  the  lodges  with  copies  of  this 
publication  the  correspondence  of  this  office  wrould  be  diminished,  and 
the    subordinate  officers    greatly    benefited.      The    disposition     usually 


PUP:  FACE.  XV11 

manifested  at  our  Grand  Communications  to  modify  and  abrogate  our 
organic  law  should  not  be  encouraged.  No  changes  should  be  made 
unless  the  necessity  is  manifest,  for  it  more  often  tends  to  embarrass 
than  prove  beneficial."      (Page  8). 

On  this  report,  there  was  appointed  a  Committee  consisting"  of 
Bros.  J.  C.  McRae,  E.  A.  Wright  and  C.  S.  Wooten  (Page  25),  which 
Committee  reported  as  follows: 

"The  undersigned,  a  Committee  appointed  by  your  Most  Worship- 
ful Body  upon  a  digest  of  the  decisions  of  the  Grand  Masters,  respect- 
fully report  the  following  resolution,  and  recommend  that  it  be  adopted: 

"Resolved,  That  the  Grand  Secretary  be  directed  to  digest  the 
decisions  of  the  Grand  Masters,  and  publish  the  same  with  such  changes 
of  our  Masonic  Code  as  may  have  been  made  since  its  adoption,  and 
that  the  Subordinate  Lodges  be  furnished  with  copies  of  the  said  publi- 
cation." 

The  following  year  Bro.  D.  W.  Bain  reported  the  following: 
"DIGEST   OF    DECISIONS  AND    EDICTS. 

"The  following  resolution  was  adopted  at  the  last  Annual  Com- 
munication: 

"Resolved,  That  the  Grand  Secretary  be  directed  to  digest  the 
decisions  of  the  Grand  Masters,  and  publish  the  same  with  such 
changes  of  our  Masonic  Code  as  may  have  been  made  since  its  adoption, 
and  that  the  Subordinate  Lodges  be  furnished  with  copies  of  said 
publication. 

"It  was  further  ordered  that  the  Committee  on  Jurisprudence  be 
Advisory  Committee  of  the  Grand  Secretary  in  the  preparation  of  the 
digest. 

"The  digest  has  been  prepared  and  submitted  to  the  Committee, 
by  whom  it  has  been  carefully  revised.  It  contains  such  decisions  of 
the  Grand  Masters,  and  edicts  of  the  Grand  Lodge,  as  have  not  a  solu- 
tion in  the  Code,  and  such  as  are  in  addition  to,  or  amendatory  of,  the 
Code."      (Page   18). 

[This  is  evidently  the  revisal  of  the  Code,  as  the  compiler  has 
never  seen  such  a  digest.] 

In  1S92  (Page  50)  a  resolution  was  adopted  directing  the  publication 
of  a  new  edition  of  the  Code,  which  was  carried  out. 

At  that  same  Communication,  the  permission  was  granted  to  Bro. 
C.  F.  Bahnson  to  publish  his  Manual,  with  the  approval  of  the  Grand 
Master  and  Grand  Lecturer.      (Page  50) . 

In  T896  a  resolution  was  adopted  directing  the  reprinting  of  the 
Code,  with  a  revision  to  bring  it  up  to  date,  which  resulted  in  the 
revision  printed  in  1897. 

In  this  compilation,  the  aim  has  been  to  transcribe  correctly,  and 
properly  index  the  several  points  of  Masonic  law,  and  in  several 
instances  will  be  found  conflicting  decisions,  which  will  have  to  be 
reconciled  by  the  Grand  Master,  as  your  Committee  was  not  authorized 
to  do  so. 

Many  of  the  decisions  are  obscure  in  their  meaning,  as  for  instance 
sometimes  the  word  "candidate"  is  used  almost  indiscriminately  by  a 
Grand  Master  and  may  mean    "petitioner  fqr  the  degrees,"  "petitioner 


XV111  PREFACE. 

for  affiliation"  or  "petitioner  for  advancement,"  and  quite  a  number  of 
them  should  be  re-written.  Your  compiler  took  the  liberty  of  re-writing 
a  few  of  them,  as  they  were  too  long  to  copy  without  culling  down  what 
was  written,  and  the  same  was  done  by  omitting  the  names  of  any  per- 
sons or  lodges  in  the  compilation,  as  the  Grand  Lodge  desired  simply  a 
record  of  the  principle  of  Masonic  law  laid  down  and  approved  by  the 
Grand  Lodge  in  years  past. 

It  is  with  regret  that  I  announce  that  this  work  does  not  go  back  of 
1841  (and  omits  1843  as  the  Proceedings  coidd  not  be  had)  yet  it  is  the 
intention  of  your  compiler  at  some  future  date  to  begin  a  revision  of 
this  work,  and  at  that  time  he  hopes  to  have  access  to  a  library  contain- 
ing a  full  set  of  the  Proceedings  of  the  Grand  Lodge  of  North  Carolina, 
at  which  time  this  will  be  made  complete,  as  well  as  a  good  deal  of  what 
is  herein  contained  being  made  more  readable. 

With  the  hope  that  this  may  lessen  the  work  of  the  Grand  Masters, 
and  also  assist  Masters  of  Lodges  to  decide  questions  presented  to  them, 
in  which  the  compiler  has  had  experience,  this  work  is  presented  to  the 
Craft.  Fraternally, 

A.  B.    Andrews,  Jr. 


DIGEST. 


i.  Resolved,  That  the  Grand  Master  be  requested  to 
direct  the  Grand  Secretar3T  to  lay  before  him  all  the  com- 
munications received  during  the  recess  of  the  Grand  Lodge, 
in  due  time,  previous  to  Annual  Communication  of  this 
Grand  Lodge  such  abstracts  therefrom  as  he  may  deem 
proper  for  their  consideration.      (Res    Dec.  21st,  1809.) 

2.  Resolved,  That  all  Masons  under  the  jurisdiction 
of  the  Grand  Lodge,  shall  henceforth,  at  funeral  solemni- 
ties, appear  dressed  in  the  badges  which  are  peculiar  to  their 
Masonic  rank.      (Res.  Uec.    1828.) 

3.  Resolved,  That  when  an  applicant  for  initiation  is 
rejected  in  any  Subordinate  Lodge,  it  shall  be  the  duty  of 
such  lodge  to  inform  all  the  other  lodges  in  the  State  of 
the  same;  and  it  shall  be  deemed  irregular  in  any  lodge  to 
receive  a  candidate  who  resides  nearer  another  lodge. 
[Now  obsolete  as  to  notification  of  rejections.]  (Res.  Dec. 
1828.) 

4.  Resolved,  That  it  is  the  sense  of  this  Grand  Lodge, 
that  no  Subordinate  Lodge  can  try  a  Master  on- any  charge 
brought  against  him  during  his  continuance  in  office,  he 
being  only  amenable  to  the  Grand  Lodge  of  the  State. 
(Res.  Dec.  1828.) 

5.  Resolved,  That  whenever  any  complaint  shall  be 
made  to  the  Grand  Master  against  the  Master  of  any  Sub- 
ordinate Lodge  for  any   Unmasonic    conduct,  by    a    Master 

Mason,  it  shall  be  his  duty  to  appoint  a    committee  of 

discreet  and  worthy  Master  Masons,  who  shall  examine  and 
require  into  the  truth  of  the  charges  made,  after  giving  the 
Master  so  charged  notice  of  the  time  and  place  of  the  in- 
vestigation, who  shall  report  to  the  Grand  Master  the  result 


2  DIGEST     OF    MASONIC     LAW. 

of  the  proceedings  of  such  investigation  ;  and  if  they  shall 
report  that  the  charges  are  true,  the  Grand  Master  shall  for- 
ward the  report  to  a  neighboring  lodge,  which  shall  be 
authorized  to  proceed  to  pass  such  sentence  upon  said  Mas- 
ter as  is  just  and  conformable  to  the  usages  of  Masonry. 
[Changed  as  to  any  but  Grand  Lodge  trying  a  Master.  | 
(Res.  Dec.  1829.) 

6.  Resolved,  That  on  complaint  being  made  to  the  M.  \V. 
Grand  Master,  against  the  Master  of  a  Subordinate  Lodge, 
for  Unmasonic  conduct,  the  Grand  Master  may  order  the 
said  Master  to  be  tried  by  the  members  of  his  lodge,  and 
shall  appoint  a  brother  of  skill  and  prudence  to  preside  at 
the  trial,  who  shall  exercise  all  the  powers  of  Master  of  the 
said  lodge  until  the  former  Master  shall  be  reinstated,  or 
a  new  one  regularly  appointed.  [Is  now  entirely  different.] 
(Res.  Dec.  1829.) 

7.  Resolved  further,  That  incase  the  Master  be  convicted 
of  the  charges  preferred  against  him,  he  shall  stand  sus- 
pended until  the  Regular  Communication  of  the  Grand 
Lodge.      (Res.  Dec.  1829.) 

8.  That  the  Grand  Lodge  feel  it  a  duty,  which  they 
owe  to  themselves,  as  -well  as  to  the  whole  Masonic  frater- 
nity, to  declare  while  its  individual  are  left  to  the  free  unmo- 
lested enjoyment  of  their  sentiments,  upon  the  various  sub- 
jects connected  with  religion  and  politics,  and  the  right 
to  judge  of  men  and  their  actions;  they  hereby,  most  sol- 
emnly declare,  that  Masonic  bodies  have  not  the  right  to 
connect  the  institution  with  the  sectarian  or  parties  views 
of  either:  that  any  attempt  thereat,  is  a  gross  innovation 
upon  these  principles,  which  among  God  and  correct  Ma- 
sons, are  universally  acknowledged  and  should  be  practiced 
upon.      (Res.  Dec.   1835.) 

8a.  Resolved,  That  the  Grand  Lodge  do  at  this  time, 
as  they  have  hitherto  done,  declare  to  the  world,  that  the 
object  of  their  associations  and  motives  for  contimiing 
therein  are  founded  upon  the  principles  of  Brotherly   Love, 


DIGEST    OF     MASONIC     LAW.  3 

Relief  and  Truth.  They  disclaim  the  right  of  Masons  to 
inflict  corporal  punishments  and  acknowledge  no  other 
right  to  enforce  from  its  members  than  reprimand,  suspen- 
sion and  expulsion. 

9.  Resolved,  That  whereas  various  errors  and  informal- 
ities have  crept  into  the  ceremonies  of  many  of  the  Subordi- 
nate Lodges  of  the  State,  thereby  creating  material  dis- 
crepancies in  the  mode  of  working  in  different  lodges,  which 
ought  not  to  exist ;  Be  it  therefore  resolved,  That  the  Grand 
Master  appoint  one  or  more  Grand  Lecturers,  whose  duty  it 
shall  be,  to  visit  the  several  Subordinate  Lodges  of  this  State, 
and  establish  a  more  uniform  working  of  the  same,  accord- 
ing to  the  ancient  customs  and  usages  of  Free  Masons. 
(Res.  Dec.  1837.) 

10.  Resolved,  That  from  and  after  this  time,  the  price 
of  dispensation,  granted  by  this  Grand  Lodge  or  by  the 
Grand  Master,  be  five  dollars, and  that  the  price  of  a  charter 
be  ten  dollars,  and  that  the  same  be  received  by  the  Grand 
Secretary  when  he  delivers  over  the  dispensation  or  charter. 
[Now  dispensation  is  ten,  and  charter  twenty  dollars.]  (Res. 
Dec.  1837.) 

11.  Resolved  further,  That  the  Grand  Secretary  be 
entitled  to  retain  out  of  the  monies  received  for  every  dis- 
pensation or  charter  hereafter  granted  by  this  Grand  Lodge 
or  by  the  Grand  Master,  one  dollar  for  his  fee  for  making 
up  and  filling  out  his  form;  and  that  he  pay  balance  over  to 
the  Grand  Treasurer  of  the  Grand  Lodge.  (Res.  Dec. 
1837.) 

12.  Resolved  further,  That  a  price  of  a  diploma  granted 
by  this  Lodge  or  by  the  officers  thereof,  shall  be  five  dol- 
lars; and  that  the  same  shall  accrue  to,  and  be  a  part  of  the 
perquisites  of,  Grand  Secretary.  Resolved  further,  That 
the  Grand  Secretary  have  dispensations,  charters  and  diplo- 
mas printed  from  time  to  time,  as  they  may  be  needed,  and 
that  the  cost  of  the  same  be  paid  out  of  the  funds  of  the 
Grand  Lodge. 


4  DIGEST    OF     MASONIC     LAW. 

13.  Resolved,  That  the  said  Grand  Lecturers,  shall 
attend  the  meetings  of  the  Grand  Lodge,  and  in  the  recess 
of  said  meetings,  shall  lecture  on  the  first  three  degrees  in 
Masonry.      (Res.  Dec.  1838.) 

14.  Resolved,  That  from  and  after  the  adjournment  of 
this  Grand  Lodge,  it  shall  be  discretionary  with  the  several 
Subordinate  Lodges  of  this  State,  to  establish  any  ratio  of 
fees  they  may  think  proper,  for  conferring  the  several 
degrees  of  Entered  Apprentice,  Fellow  Craft  and  Master 
Mason ;  provided  the  same  shall  not  be  less  than  the  rate 
fixed  by  the  Grand  Lodge  at  its  last  Annual  Communica- 
tion.     (Res.  Dec.  1839.) 

15.  Resolved,  That  Grand  Secretary  be  directed  to  get 
together  copies  of  the  proceedings  of  the  Grand  Lodge  for 
as  many  years  as  he  can  collect;  and  that  he  have  them 
stitched  together  in  three  volumes,  with  a  copy  of  the  Con- 
stitution in  each  volume;  and  that  the  same  shall  be  pre- 
served by  the  Grand  Secretary  for  the  use  of  the  Grand 
Lodge.      (Res.  Dec.  1840.) 

1 6.  Resolved,  That  it  shall  from  this  time  forth,  be  the 
duty  of  the  Grand  Treasurer,  at  each  Annual  Communica- 
tion of  the  Grand  Lodge,  to  file  with  the  Grand  Secretary  a 
statement  of  the  amount  of  monies  and  other  funds  of  the 
Grand  Lodge  in  his  hands,  which  statement  the  Grand 
Secretary  shall  file  among  his  papers,  and  preserve  for  the 
use  of  the  Grand  Lodge.      (Res.  Dec.  1840.) 

17.  Resolved,  That  the  M.  W.  Grand  Master  be 
requested  to  appoint  a  general  Lecturer,  suitable  and  quali- 
fied for  the  station,  whose  duty  it  shall  be  to  attend  the 
Grand  Lodge  when  in  session;  to  perfect  himself  in  the 
lectures,  as  recommended  by  the  National  Convention ;  to 
co-operate  with  the  other  Grand  Lecturers,  and  to  visit  any 
Subordinate  Lodge  requiring  his  services,  provided  such 
lodge  afford  him  reasonable  compensation.  (Res.  Dec. 
1844.) 

18.  Resolved,   That  hereafter  the  Committee  of  Foreign 


DIGEST    OF     MASONIC     LAW.  5 

Communications  and  Proceedings  of  Grand  Lodges  be 
required  to  make  their  report  at  the  meeting  of  the  Grand 
Lodge  next  succeeding  their  appointment.  (Res.  Dec. 
1847.) 

19.  Resolved,  That  Brother  L.  L.  Stephenson's  work 
be  received  as  the  work  of  the  Craft  in  this  State,  and  that 
the  Subordinate  Lodges  conform  thereto.    (Res.  Dec.   1849.) 

20.  Resolved,  That  hereafter  the  election  of  the  Grand 
Officers,  shall  take  place  the  second  night  of  each  Annual 
Communication.      (Res.  Dec.   1850.) 

21.  Resolved,  That  it  shall  be  the  duty  of  the  Grand 
Tyler  to  take  charge  of  the  apparel,  furniture  and  other 
effects  of  the  Grand  Lodge,  and  preserve  the  same.  (1841. 
Res.  13.) 

22.  We  therefore  recommend  that  the  above  views  be 
communicated  to  the  Grand  Steward,  and  that  he  regulate 
himself  accordingly ;  and  that  the  Subordinate  Lodges  under 
the  jurisdiction  of  this  Grand  Lodge,  be  recommended  to 
discontinue  the  use  of  such  refreshments,  and  that  we,  as 
well  as  they,  employ  our  minds  in  the  elevating  pursuants 
of  the  Masonry,  and  so  conduct  ourselves,  both  within  and 
without  the  lodge,  that  '"our  good  be  not  evil  spoken  of." 
(1842.  Res.   19.) 

23.  Whereas,  It  is  believed  that  the  By-lawrs  of  some 
of  the  Subordinate  Lodges,  under  the  jurisdiction  of  this 
Grand  Lodge,  require  expulsion  from  the  right  and  privil- 
eges of  Masonry,  for  a  neglect  to  attend  the  meetings  of  said 
lodge,  or  for  omission  or  refusal  to  pay  the  dues  that  may 
be  required:  and  whereas  in  the  opinion  of  this  Grand 
Lodge,  such  punishment  is  wholly  disproportionate  to  the 
offence:   Be  it  therefore, 

[  1  ]  Resolved,  That  all  the  Subordinate  Lodges  under 
the  jurisdiction  of  this  Grand  Lodge,  which  may  have  any 
provision  incorporated  in  their  By-laws  be  requested  to 
alter  or  abolish  it. 

[  2  ]     Resolved,   That  in  the  opinion  of  this  Grand  Lodge, 


(>  DIGEST     OF     MASONIC      LAW. 

no  expulsion  from  the  rights  and  privileges  of  the  Masonry 

ought  to  take  place,  but  for  gross  misdemeanor  as  a  Mason, 
or  for  some  heinous  and  disgraceful  crime. 

[3  J  Resolved,  That  in  all  cases  of  expulsion  of  any  mem- 
ber or  Mason,  hereafter,  from  the  rights  and  privileges  of 
Masonry,  the  cause  for  such  expulsions  shall  be  stated  in 
the  communications  made  to  the  Subordinate  Lodges  and  in 
the  returns  to  this  Grand   Lodge.      (1842.  Res.  22.) 

24.  Whereas,  Great  regularity  and  culpable  negligence 
is  manifested  by  many  of  the  Subordinate  Lodges,  in  omit- 
ting to  make  their  annual  returns  and  to  pay  their  contri- 
butions to  the  funds  of  the  Grand  Lodge.       Be  it  therefore, 

[1 J  Resolved,  That  hereafter  no  lodge  shall  be  entitled 
to  a  representative  in  this  Grand  Lodge,  unless  by  special 
permission,  until  the  returns  are  made  and  filed  with  the 
Grand  Secretary  and  all  arrearages  of  dues  fully  paid  up. 

[2]  And  be  it  further  resolved,  That  if  any  lodge  under 
the  jurisdiction  of  this  Grand  Lodge  shall  hereafter  neglect 
or  refrain  from  making  their  returns  and  paying  their  dues 
for  two  years,  it  shall  be  the  duty  of  the  Grand  Secretary  to 
inform  them  that  they  are  under  censure  for  such  omission, 
and  unless  they  appear  and  show  cause  to  the  contrary,  their 
charter  and  jewels  and  other  effects  shall  be  forfeited  to  the 
Grand  Lodge;  and  the  Grand  Master  is  hereby  directed  to 
appoint  an  agent  to  take  charge  of  the  same  for  the  benefit 
of  the  Grand  Lodge,  to  be  disposed  of  as  they  may  here- 
after direct.      (1842.  Res.  22.) 

25.  Whereas,  At  the  communications  of  this  Grand 
Lodge  various  resolutions  of  importance  to  Masonry,  and  the 
workings  of  the  Grand  Lodge,  and  its  Subordinate  Lodges 
have  been  adopted ;  and  whereas,  it  is  important  that  said 
resolutions  should  be  embodied  for  reference  and 
information ;  therefore, 

Resolved,  That  in  publishing  the  proceedings  of  the 
Grand  Lodge,  at  its  present  Annual  Communication,  the  Sec- 
retary be  required  to  collect  from  the  records  all  resolves, 
etc.  of  the  Lodge,   and  publish  the  same  with  the  proceed- 


DIGEST     OF    MASONIC     LAW.  7 

ings:  and  in  case  of  any  conflict  of  said  resolves,  that  he 
submit  the  same  to  the  decision  of  the  Most  Worshipped 
Grand  Master.      (1842.  Res.  26.) 

26.  Resolved,  That  the  Subordinate  Lodges  be,  and 
they  are  hereby  instructed  to  write  the  names  in  full  of  all 
persons,  in  their  returns  to  the  Grand  Lodge,  who  have 
been  admitted,  initiated,  passed,  raised,  withdrawn,  died, 
suspended,  expelled  or  rejected  in  their  lodges  since  their 
last  return,  that  they  may  be  published  with  the  proceed- 
ings of  the  Grand  Lodge,  so  that  the  Subordinate  Lodges 
under  the  jurisdiction  of  this  Grand  Lodge  may  thereby  be 
informed  of  the  names  of  any  brother  or  brothers  who  may 
be  under  Masonic  censure,  and  of  the  names  of  applicants 
who  have  been  rejected  at  sister  lodges,  and  that  the  Secre- 
taries in  each  and  everyone  of  the  Subordinate  Lodges 
under  the  jurisdiction  of  this  Grand  Lodge,  be  and  they  are 
hereby  directed  to  inform  all  adjacent  sister  lodges  of  the 
name  or  names  of  all  applicants  who  have  been  rejected  at 
these  several  lodges;  and  the  names  of  all  persons  who  may 
be  suspended,  expelled,  immediately  on  their  rejection,  sus- 
pension or  expulsion.  [Now  changed  by  Code  as  to  notice,  j 
(1841.  Res.  31.) 

27.  Resolved,  That  the  Grand  Master  be  requested  to 
direct  the  Grand  Secretary  to  lay  before  him  all  the  com- 
munications received  during  the  recess  of  the  Grand  Lodge, 
in  due  time,  previous  to  the  Annual  Communication  of  this 
Grand  Lodge,  so  that  the  Grand  Master  may  lay  before 
this  Grand  Lodge  such  abstracts  therefrom  as  he  may  deem 
proper  for  their  consideration.      (1842.  Res.  33.) 

28.  The  Committee  beg  leave  to  report  that  they  can 
discover  no  justifiable  grounds  upon  which  to  recommend 
the  adoption  of  the  resolution  as  to  the  propriety  and 
expediency  of  the  Grand  Lodge  empowering  the  Subordinate 
Lodges  to  confer  the  Past  Master's  degree;  on  the  contrary, 
the  researches  of  the  Committee  have  only  strengthened 
them  in  the  conclusion  to  which  they  have  arrived. 

The  Committee  will  not  try  your  patience  by  entering 


8  DIGEST     OK    MASONIC     LAW. 

into  a  labored  argument  to  prove  the  impropriety  and  inex- 
pediency of  the  measure  proposed,  but  will  content  them- 
selves by  simply  stating  the  grounds  of  their  objection 
which  must  be  evident  to  every  one  who  has  taken  the 
higher  degrees  of  Masonry: 

i st.  It  is  inexpedient,  because  it  is  competent  for  any 
Past  Master,  with  suitable  assistance,  to  qualify  and  install 
the  Master  elect  of  any  lodge,  who  thus  duly  installed, 
himself  becomes  qualified  to  install  his  successor.  But  the 
power  of  a  Past  Master,  in  conferring"  the  degree  extends 
not  beyond  what  is  here  set  forth.  The  degree  of  Past 
Master  pertains  to  the  Chair  alone ;  and  so  far  as  the  Blue 
Lodge  is  concerned,  can  only  be  conferred  on  whoever  is 
regularly  elected  to  that  seat. 

2nd.  Royal  Arch  Chapters  are  recognized  as  legally 
constituted  Masonic  bodies,  and  this  degree  is  embraced 
within  their  charters;  to  transfer  it  to  the  Blue  Lodges, 
would  be  an  unjustifiable  infringement  of  the  rights  of  the 
Chapters,  and  have  a  tendency  to  bring  the  Lodge  and 
Chapter  in  collision. 

3rd.  The  last  and  strongest  ground  of  objection  is  the 
fact  that  it  would  be  an  innovation,  as  clearly  set  forth  in 
the  Articles  of  Union  between  the  Grand  Lodges  of  York 
and  London,  which  may  be  found  in  Moore's  Magazine,  Vol. 
3,  page  271,  in  the  words  following:  —  "Article  2  declares 
and  pronounces,  that  pure  Ancient  Masonry  consists  of 
three  degrees,  and  no  more."  This  language  would  seem 
to  be  strong  and  explicit  enough  to  settle  the  question. 

Should  it  be  insisted  upon  as  a  matter  of  expediency,  it 
is  at  best  but  an  honorary  degree;  and  if  such  degree  might 
be  added,  where  would  be  the  end  of  the  innovations? 
Should  it  even  be  urged,  the  practice  of  other  lodges, 
whether  in  our  own  or  other  countries,  it  is  no  precedent 
for  us  to  follow,  more  especially  if  it  be,  as  believed  by  your 
Committee  to  be,  radically  wrong.  The  Committee  would 
therefore  recommend  the  adoption  of  the  following  resolu- 
tion : 


DIGEST    OF     MASONIC     LAW.  g 

Resolved,  That  this  Grand  Lodge  deem  it  inexpedient 
and  improper,  if  not  illegal,  to  authorize  the  conferring  of 
the  Past  Master's  degree  by  the  Subordinate  Lodges.  (1844. 
Rep.  15.) 

29.  Representative  system  has  met  with  approval  of 
nearly  all  the  Grand  Lodges  which  have  taken  any  action 
in  relation  to  that  subject,  and  your  Committee  would  rec- 
ommend its  adoption  by  your  body.      (1844.  Res.  20.) 

30.  Resolved,  That  from  and  after  this  communica- 
tion, there  shall  annually  be  appointed  a  committee,  con- 
sisting of  two  members,  whose  duty  it  shall  be  to  examine 
the  records  of  the  Grand  Lodge,  and  see  that  its  proceed- 
ings have  been  faithfully  recorded  by  the  Grand  Secretary. 
(1844.  Res.  29.) 

30a.  A  lodge  can  not  meet  alternately  at  two  separate 
places  several  miles  apart.    (1845.  Dec.  32.  Fanning,  G.  M.) 

31.  The  Committee  also  recommended  that  the  Subor- 
dinate Lodges  send  to  this  Grand  Lodge  the  names  of 
Masons  residing  in  the  vicinity  of  their  lodges,  who  may  not 
be  members;  but  their  names  will  not  be  published  with 
those  returned  as  members.      (1845.  Res.  37.) 

32.  Resolved,  That  it  shall  be  the  duty  of  the  General 
Grand  Lecturer,  to  be  appointed  by  the  Grand  Master,  to 
visit,  lecture  and  instruct  all  the  Subordinate  Lodges  in  the 
State,  and  to  attend  to  such  other  acquirements  as  may  be 
imposed  upon  him  by  this  body,  or  the  Most  Worshipful 
Grand  Master  thereof.      (1845.  Res.  46.) 

^t,.  Resolved,  That  the  Subordinate  Lodges  under  the 
jurisdiction  of  this  Grand  Lodge,  be,  and  are  hereby 
required  to  forward,  in  connection  with  their  annual  returns, 
a  list  of  the  names  of  transient  brethren,  residing  within 
their  jurisdiction,  and  that  the  Grand  Secretary  keep  a  rec- 
ord of  such  names,  not  to  be  published.      (1845.  Res.  49.) 

34.       Therefore     resolved,     That    the    Grand    Secretary, 
under  the  direction  of  the  Most  Worshipful  Grand  Master 
2 


co  DIGEST    OF    MASONIC     LAW. 

have  printed  a  suitable  number  of  Grand  Lodge  certificates 

in  proper  form,  to  be  furnished  to  Subordinate  Lodges  in 
such  quantities  as  may  be  required,  at  50  cts.  apiece;  one- 
half  of  which  amount  shall  be  as  a  fee  for  the  Grand  Secre- 
tary, and  the  other  half  as  funds  of  the  Grand  Lodge.  (1845. 
Res.  49.) 

35.  Masons  not  members  of  a  lodge  but  residing  in 
the  jurisdiction,  can  be  called  to  account,  suspended  or 
expelled,  for  cause.      (1846.  Rep.  37.) 

36.  Resolved,  That  a  belief  in  the  authenticity  of  the 
Holy  Scriptures  is  essential  to  the  fulfilment  of  the  duties 
required  by  the  order  of  Masonry,  in  all  Christian  coun- 
tries, and  that  a  denial  of  the  same  is  in  conflict  with  the 
principles  of  our  institution,  calling  for  reprobation.  (1846. 
Res.  55.) 

37.  Grand  Lodge  expelled  a  Master  of  a  lodge  for 
base  Unmasonic  conduct,  which  was  satisfactorily  known  to 
one  of  the  committee,  he  having  fled  to  parts  unknown,  and 
beyond  the  limits  of  their  notice  or  citation.  (1847.  Res. 
53-) 

38.  Resolved,  That  hereafter  that  no  individual  shall 
act  as  proxy  more  than  three  lodges  at  the  same  time  in  the 
session  of  this  Grand  Lodge.      (1848.  Res.    19.) 

39.  Resolved,  That  from  and  after  this  Grand  Com- 
munication no  person  shall  represent  any  Subordinate  Lodge 
in  the  Grand  Lodge,  other  than  the  legal  authorized  officers 
by  the  Constitution,  either  as  a  delegate  or  as  a  proxy, 
unless  he  produces  a  written  authority  therefor  from  the 
lodge.      (1848.  Res.  45.) 

40.  Upon  the  petition  for  the  degrees  a  single  black- 
ball rejects  the  applicant:  a  second  ballot  may  be  called  for 
to  be  satisfied  there  is  no  mistake.     (1849.  Com.  Res.  16.) 

41.  Resolved,  That  a  committee  of  resident  brothers 
be  appointed  to  examine  and  close,  as  far  as  practicable,  the 
Grand  Secretary's  book,  and  report  to  the  next  Annual 
Communication.      (1849.  Res.  19.) 


DIGEST    OF     MASONIC     LAW.  I  I 

42.  Resolved,  That  all  Masters  of  Subordinate  Lodges, 
shall  be  hereafter  required,  in  all  cases,  to  open  a  Master 
Mason's  Lodge  first,  and  all  business  connected  with  the 
lodge  be  transacted  in  the  degree,  except  the  conferring  of 
the  degrees  or  lectures,  which  appertain  to  the  Fellow 
Craft  or  Entered  Apprentice  degree.      (1849.    Res.    25.) 

43.  Resolved,  That  this  Grand  Lodge  do  hereby 
instruct  all  Subordinate  Lodges,  working  under  its  jurisdic- 
tion, to  receive  no  Ancient  Mason  as  a  member,  who  does 
not  produce  a  Certificate  of  Withdrawal  from  the  lodge  to 
which  he  last  belonged.      (1849.    Res.  26.) 

44.  Resolved,  That  upon  balloting  upon  a  petition,  the 
applicant  is  balloted  for  to  be  a  Master  Mason.  It  is,  how- 
ever, proper,  if  a  brother  shall  desire  it,  to  demand  a  second 
ballot  upon  his  application  for  passing  and  raising.  (1850. 
Res.  26.) 

45.  A  petitioner  can  be  kept  back  from  the  degrees  of 
Masonry,  after  having  taken  one  degree,  upon  evidence  of 
improper  conduct  prior  to  initiation.  A  petitioner  can  not 
demand  an  investigation  by  the  lodge  of  this  conduct,  but 
can  demand  it  investigated  by  a  committee  out  of  the  lodge. 
Although  the  applicant  is  admitted  by  one  ballot  to  the 
degrees,  a  brother  can  demand  a  separate  ballot  upon  "pass- 
ing" and  "raising."     (1850.    Res.  27.) 

46.  Where  the  By-laws  of  a  Subordinate  Lodge  require 
the  presence  of  two-thirds  of  its  members  to  alter  the 
By-laws,  the  Grand  Lodge  can  permit  their  amending  or 
changing  without  the  presence  of  the  two-thirds.  (1850. 
Res.  35.) 

47.  Subordinate  Lodges  should  not  impose  fines  for 
non-attendance.      (1851.    Dec.  13.   Jenkins,  G.  M.) 

48.  Subordinate  Lodges  do  not  adjourn;  they  are 
closed  or  called  from  labor  to  refreshment.  (185 1 .  Dec.  13. 
Jenkins,  G.  M.) 

49.  Subordinate  Lodges  cannot  ballot  for  initiating 
and  raising  a  candidate  at  the  same  meeting.   (1851.  Rep.  20.) 


12  DIGEST    OF    MASONIC     LAW. 

50.  A  petition  praying-  merely  for  the  E.  A.  degree 
should  not  be  received  or  acted  upon,  it  should  be  a  petition 
for  the  benefits  of  Masonr}-.     (185 1.    Rep.  20.) 

51.  Lodges  should  not  call  from  labor  to  refreshment 
in  the  Master's  degree  and  forthwith  opening  in  a  lower 
degree.      ( 1 85  r .   Com.  Report.  20.) 

52.  Lodges  do  not  adjourn  [they  close.  J  ( 185  1.  Com. 
Report.    20.) 

53.  Resolved,  That  the  Worshipful  Grand  Master  be 
requested  to  set  apart  one  day  at  each  Grand  Communica- 
tion, to  lecture  and  exemplify  the  work;  and  that  he  call  to 
his  aid  such  brethren  as  he  thinks  proper.  [Now  provided 
for  by  Art.  3,  Sec.  7,  Constitution  P.   16.  J      (1851.  Res.  26.) 

54.  Resolved,  By  the  Grand  Lodge  of  the  State  of  North 
Carolina,  that,  upon  the  death  of  any  Master  Mason,  in  good 
standing,  and  who  is  a  member  of  any  lodge  under  this  Juris- 
diction, it  shall  be  the  duty  of  such  Subordinate  Lodge  to 
furnish  the  widow  or  orphans  of  such  deceased  member  a 
certificate,  under  the  seal  of  the  lodge,  of  his  membership, 
standing  and  death,  without  any  application  or  charge 
therefor.      (1851.    Res.    36.) 

55.  Resolved,  That  no  lodge  shall  be  removed  without 
the  Master's  knowledge;  that  no  motion  be  made  for 
removal  during  the  Master's  absence;  and  that  if  the  motion 
be  seconded,  the  Master  shall  order  summons  to  every 
individual  member,  specifying  the  business,  and  appointing 
a  day  for  hearing  and  determining  the  affair,  at  least  ten 
days  before  it  is  to  take  place;  and  the  determination  shall 
be  made  by  the  majority,  provided  the  Master  be  one  of  that 
majority.  But  if  he  be  of  the  minority  against  the  remov- 
ing, the  lodge  shall  not  be  removed,  unless  the  majority 
consist  of  full  two-thirds  of  the  members  present.  But  if 
the  Master  refuse  to  direct  such  summons,  either  of  the 
Wardens  may  do  it;  and  if  the  Master  neglect  to  attend  on 
the  day  fixed,  the  Wardens  may  preside  in  determining  the 
affair,  in  the  manner  prescribed.      But  the)"  shall  not  in  the 


DIGEST    OF     MASONIC     LAW.  13 

Master's  absence,  enter  upon  any  other  cause,  than  what  is 
particularly  mentioned  in  the  summons.  If  the  lodge  be 
thus  regularly  ordered  to  be  removed,  the  Master  or  Warden 
shall  send  notice  thereof  to  the  Secretary  of  the  Grand 
Lodge,  for  publishing  the  same  at  the  next  communication. 

No  lodge  shall  be  deemed  regularly  moved  until  the 
removal  thereof  be  approved  by  the  Grand  Master,  or  his 
deputy,  for  the  time  being. 

No  lodge  shall  be  regularly  removed  unless  the  laws 
retaining  to  removals  be  strictly  complied  with;  and  that 
the  same  may  be  duly  ascertained,  it  is  necessary  that  the 
books  of  every  lodge,  intended  to  be  removed,  be  particularly 
inspected  by  the  Grand  Secretary  before  any  removal  takes 
place.      (185 1.    Res.   40.) 

56.  Resolved,  That  any  Mason  of  good  standing  as  a 
citizen,  whose  lodge  has  become  dormant,  upon  satisfying 
any  lodge  in  his  immediate  neighborhood,  may  be  entitled 
to  become  a  member  of  such  lodge,  by  and  with  their  con- 
sent, upon  such  terms  as  other  Masons  are  admitted.  (185 1. 
Res.  48.) 

57.  Resolved,  1st,  That  the  Grand  Lodge  of  North 
Carolina  will  not  recognize  but  one  Grand  Lodge  as  having 
jurisdiction  over  the  same  territory  in  the  United  States. 

Resolved,  2dly,  That  we  recognize  the  Grand  Lodge 
over  which  M.  W.  John  D.  Willard  was  elected  Grand 
Master,  and  of  which  M.  W.  Oscar  Coles  is  at  present  Grand 
Master,  as  the  only  legal  Grand  Lodge  in  the  State  of  New 
York. 

Resolved,  3dly,  That  we  regard  the  Grand  Lodge  over 
which  Isaac  Phillips  was  elected  Grand  Master  in  June,  1849, 
as  illegal  and  clandestine,  and  that  we  hereby  prohibit  all 
Masonic  intercourse  between  the  Masons  of  North  Carolina 
and  those  who  adhere  to  the  Phillips  Grand  Lodge  of  New 
York. 

Resolved,  4thly,  That  all  Subordinate  Lodges  in  this 
State  be  prohibited  from  receiving  as  visitors  an}^  Masons 


14  DIGEST    OF    MASONIC     LAW. 

from  New  York  until  satisfactory  evidence  is  given  by  them 
that  they  are  adherents  of  the  Grand  Lodge  of  which  M.  \Y. 
Oscar  Coles  is  Grand  Master.     (1851.    Rep.    70.) 

58.  Resolved,   That    the    Grand    Lodge    prohibit    all 

Masons  under  its  jurisdiction  from  visiting  Pythagoras 
Lodge  in  New  York  City,  or  from  having  any  Masonic 
communication  with  its  members. 

That  no  member  of  the  Pythagoras  Lodge  in  New 
York  City,  shall  be  permitted  to  enter  any  lodge  under  this 
Jurisdiction,  or  receive  any  of  the  benefits  of  Masonry. 

That  no  Mason  made  under  the  jurisdiction  of  the 
Grand  Lodge  of  Hamburg,  or  hailing  from  any  lodge  under 
her  jurisdiction,  shall  be  recognized  as  a  Mason;  nor  shall 
he  receive  any  of  the  benefits  or  protections  of  Masonrv  of 
North  Carolina. 

That  no  German  Mason  hailing  from  the  Grand  Lodge 
of  Hamburg,  who  may  be  already  in  this  State,  shall  hence- 
forth be  regarded  as  such,  unless  he  has  already  become 
affiliated  with  some  lodge  under  this  jurisdiction.  (1851. 
Rep.  78.) 

59.  Resolved,  That  the  action  of  the  body  styling  itself 
the  Supreme  Council,  33d  Degree,  Scottish  Rite,  of  the 
Southern  Jurisdiction  of  the  United  States,  in  establishing 
lodges  of  the  Scottish  Rite,  within  the  jurisdiction  of  the 
Grand  Lodge  of  Louisiana,  is  reprehensible  in  the  extreme. 

That  the  Grand  Lodge  of  North  Carolina  recognize  but 
one  body  in  Louisiana,  bearing  the  power  to  organize  lodges 
of  any  rite,  whatever,  and  that  body  is  the  Grand  Lodge  of 
Louisiana,  of  which  M.  W.  John  Gedge  is  at  present  Grand 
Master. 

That  we  hold  all  other  bodies,  claiming  such  power, 
whether  in  Louisiana  or  elsewhere,  as  illegal  and  dangerous 
to  the  Masonic  fraternity. 

That  we  hold  all  lodges  organized  by  the  body  claiming 
to  be  the  Supreme  Council,  33d,  Southern  Jurisdiction  of 
the  United  States,  as  clandestine,  and  all  those  in  any  man- 
ner  connected    with     them,    as    clandestine     Masons,    and 


DIGEST    OF     MASONIC     LAW.  1 5 

Masonic  communications  or  intercourse  is  hereby  forbidden 
between  the  Masons  of  North  Carolina  and  all  such  lodges 
and  members  thereof. 

That  we  hold  as  clandestine  Masons,  all  who  recognize 
said  lodges,  established  by  the  self-styled  Supreme  Council. 
33d,  Southern  Jurisdiction,  as  regular  lodges;  and  that  we 
hold  as  clandestine,  all  Masons  who  recognize  more  than  one 
body,  having  the  power  to  establish  lodges,  of  any  name, 
denomination  or  rite  whatever,  in  any  state  or  territory  in 
the  United  States,  where  a  regular  Grand  Lodge  exists;  and 
all  Masonic  intercourse  with  such  Masons  is  hereby  pro- 
hibited.     (185 1.    Rep.    90.) 

60.  It  is  Unmasonic  to  appeal  from  a  Master's 
decision,  and  where  an  appeal  is  taken,  the  Master  should 
never  permit  it  to  be  put  to  the  lodge.  The  only  appeal 
that  can  be  taken  is  directly  to  the  Grand  Lodge,  as  the 
Master  is  amenable  to  it,  not  to  his  lodge,  for  his  official 
acts.      (1851.    Rep.    101.) 

61.  Voting  in  lodges  should  be  by  the  show  of  hands 
or  by  ball  ballots,  and  not  by  ayes  and  nays.  (1S51. 
Rep.   101.) 

62.  No  lodge  has  the  right  to  try  its  Master;  for  the 
Master  being  amenable  only  to  the  Grand  Lodge,  the  lodge 
of  which  he  is  a  member,  and  over  which  he  presides,  has 
no  jurisdiction  over  his  actions,  no  more  than  it  would  over 
the  actions  of  a  member  of  another  lodge.  If  a  lodge  finds 
itself  oppressed  or  wronged  by  its  Master,  in  any  way,  or  if 
it  is,  in  any  way,  dissatisfied  with  him — if  he  does  not 
choose  to  resign — the  only  remedy  left  is  to  make  complaint 
to  the  Grand  Master,  who,  upon  sufficient  cause  shown,  will 
order  him  to  suspend  his  official  duties,  and  appear  before 
the  Grand  Lodge  at  its  next  communication,  to  answer  the 
charges  made  against  him.      (1851.    Rep.    101.) 

63.  A  Grand  Lodge  has  sole  and  exclusive  jurisdiction 
over  the    state,  territory  or  district   in  which   it   is   located 
and  no  two  lodges  can  have  concurrent  jurisdiction  in  the 
same    territory,    excepting   only  where  there   is    no   Grand 


l6  DIGEST     OF     MASONIC      LAW. 

Lodge;  and  there  all  Grand  Lodges  have  concurrent  juris- 
diction. A  Subordinate  Lodge  has  exclusive  jurisdiction 
over  all  persons  or  candidates  residing  nearer  its  place  of 
meeting  than  any  other;  and  should  any  lodge  receive  a 
candidate,  residing  nearer  some  other  lodge,  and  confer  the 
degrees  upon  him,  the  fees  therefor  are  forfeited  to  the 
lodge  nearest  to  where  the  candidate  resides.  (185  i. 
Rep.    102.) 

64.  If  a  Subordinate  Lodge  expel  a  member,  he  stands 
merely  suspended  until  the  next  session  of  the  Grand 
Lodge,  to  which  body  the  action  of  the  Subordinate  Lodge 
must  be  sent  up,  when,  if  the  action  below  is  confirmed,  the 
individual  stands  expelled;  but  if  the  decision  below  be 
reversed,  then  the  individual  continues  a  Mason,  in  as  full 
standing  as  before,  with  the  exception  that  the  Grand  Lodge, 
by  reversing  the  decision  below,  cannot  compel  it  to  again 
receive  him  as  a  member;  he  must  stand  expelled,  as  to  that 
lodge,  until  it  sees  fit  to  reinstate  him.  Much  has  been  said 
by  the  expulsion  from  one  Masonic  body,  upon  the  indi- 
vidual membership  in  other  bodies,  of  a  higher  or  lower 
grade.  We  look  upon  Craft  Masonry,  or  Blue  Lodge 
Masonry,  as  all  the  pure  Masonry  in  the  world,  and  he  who 
denies  this  proposition,  must  admit  that  Masonry  is  a  pro- 
gressive and  accumulative  science.  If  a  Mason  be  expelled 
from  a  Chapter  or  Council,  or  Encampment,  that,  of  itself, 
does  not  affect  his  standing  in  a  lodge,  in  the  least.  (1851. 
Rep.    102.) 

65.  Maimed  candidates  are  admitted  in  North  Carolina, 
under  the  same  instructions  and  requirements  as  other  can- 
didates, provided  their  loss  or  infirmity  will  not  prevent 
them  from  making  full  proficiency  in  Masonry.  (1S51. 
Rep.    106.) 

66.  Grand  Master  has  the  right  to  make  Masons  at 
sight.  (1851-  Rep.  106.)  [This  is  reversed  by  Art.  XII, 
Sec.  7,  By-laws,    P.  42.— A.  B.  A.,  Jr.  J 

67.  Lodges  working  under  dispensation  possess  only 
limited  powers,    and   for  a  limited  time.     We   have  often 


DIGEST    OF      MASONIC     LAW.  1 7 

heard  the  question  asked,  What  is  dispensation  ?  What  does  it 
mean?  We  think  we  can  answer  the  question  satisfactorily. 
A  dispensation  to  open  a  lodge  signifies  that  some  of  the  old 
forms  and  usages  have  been  omitted,  for  the  time  being;  or, 
in  other  words,  they  have  been  dispensed  with.  Originally 
no  lodges  were  opened  without  charters  from  the  Grand 
Lodge;  and,  as  these  only  issue  when  the  Grand  Lodge  was 
in  session,  it  often  worked  great  inconvenience  to  brethren. 
To  remedy  this  inconvenience  the  charter  was  dispensed 
with  for  a  time,  and  the  lodge  opened  upon  the  private  per- 
mission of  the  Grand  Lodge,  and  worked  until  the  next 
session  of  the  Grand  Lodge,  at  which  time  a  charter  must 
be  obtained,  for  it  could  be  dispensed  with  no  longer. 
Lodges  under  dispensation  cannot  elect  officers;  the  Grand 
Master  appoints  a  Master  and  Wardens,  and  the  Master 
appoints  the  other  officers.  They  can  make  Masons,  and 
that  is  all  the  Masonic  work  they  can  do;  for,  as  they  are 
working  under  the  express  directions  of  the  Grand  Master, 
they  can  do  nothing  that  his  written  authority  does  not 
permit  them  to  do.  They  cannot,  strictly  speaking,  make 
charitable  donations  from  their  lodge  funds,  for  the  funds 
of  a  lodge  under  dispensation,  together  with  everything 
appertaining  to  it,  belong  to  the  Grand  Lodge.  We  know 
that  these  rules  are  violated  repeatedly,  and  that  many 
lodges  under  dispensation  take  as  much  authority  and  power 
as  chartered  lodges.  We  have  even  heard  and  known  of 
lodges  under  dispensation  holding  public  celebrations;  but 
it  is  all  wrong.  To  speak  in  the  language  of  the  world, 
they  are  apprenticed  to  the  trade,  and  during  their  appren- 
ticeship the)^  have  nothing  to  do  but  to  work  at  their  trade, 
and  that  is  to  make  Masons.  If  they  are  successful  in 
learning  the  trade,  their  indentures  of  apprenticeship  are 
cancelled,  and  they  at  once  go  into  business  on  their  own 
responsibility.  We  see  that  many  Grand  Lodges  permit 
lodges  under  dispensation  to  be  represented  ;  this  is  most 
palpably  wrong;  the  old  Grand  Lodges  were  composed  of 
the  representatives  "of  all  the  particular  lodges  on  record," 
or  of  "chartered  lodges."  Representatives  to  our  Grand 
3 


l8  DIGEST     OF     MASONIC     LAW. 

Lodge  from  lodges  under  dispensation  are  invited  to  a  seat  in 
Grand  Lodge  as  visiting  brothers,  until  their  work  has  been 
examined,  when,  if  charters  are  granted,  they  are  permitted 
to  represent  their  lodges,  and  not  before.      (1851.   Rep.   108.) 

68.  The  Grand  Master  should  appoint  all  regular  or 
standing  committees,  and  when  special  committees  are  to 
be  appointed,  the  Grand  Lodge  should  make  the  appoint- 
ment; the  same  rule  prevails  in  Subordinate  Lodges;  this 
we  believe  to  be  the  true  Masonic  usage;  although  fre- 
quently departed  from.      (1851.    Rep.    in.) 

69.  The  Wardens,  when  acting  as  Master  in  his 
absence,  are  qualified  to  perform  all  the  duties  of  the 
Master.      (1851.    Rep.    112.) 

70.  After  a  petition  has  been  referred  to  a  committee, 
it  cannot  be  withdrawn.      (1851.    Rep.   112.) 

71.  The  By-laws  of  every  lodge  should  designate  the 
time  of  the  annual  election  of  officers,  and  the  time  so 
designated  is  the  only  time  at  which  an  election  can  take 
place.  Should  any  casualty  occur  to  prevent  an  election  at 
that  time,  the  old  officers  must  hold  over  for  another  year. 
If  the  office  of  Master  become  vacant  by  death,  removal 
or  otherwise,  the  Senior  Warden  succeeds  to  the  Master's 
chair  for  the  remainder  of  the  unexpired  term — the  Junior 
Warden  succeeding  to  the  Senior  Warden's  office — and  the 
office  of  Junior  Warden  must  be  filled  pro  tempore.  In 
case  the  offices  of  Master  and  Senior  Warden  become  vacant, 
the  Junior  Warden  succeeds  to  the  Master's  chair,  and  fills 
the  offices  of  Wardens  pro  tempore.  In  case  the  offices  of 
Master  and  both  Wardens  become  vacant,  a  brother  who 
has  passed  the  Master's  chair  may  discharge  the  duties  of 
the  Master,  and  in  case  there  is  no  Past  Master  in  the  lodge, 
a  special  dispensation  from  the  Grand  Master  must  be 
obtained,  empowering  some  Master  or  Past  Master  of  a 
neighboring  lodge  to  open  it  and  hold  an  election.  Many 
lodges  have  a  clause  in  their  By-laws  stating  that  if  a 
vacancy  should  occur  in  any  of  the  offices,  the  same  may  be 


DIGEST     OF     MASONIC     LAW.  19 

filled  at  any  regular  meeting  thereafter.  This  is  unconsti- 
tutional, and  every  lodge  having  such  a  provision  in  its 
By-laws  should  at  once  strike  it  out.      (1S51.    Rep.    in.) 

72.  Resolved,  That  we  believe  it  to  be  inconsistent  with 
the  principles  of  Ancient  Free  Masonry  for  any  lodge  to 
hold  its  regular,  or  any  other,  meeting  on  the  Holy  Sabbath, 
for  the  purpose  of  initiating,  passing  or  raising  a  candidate, 
or  any  other  business,  except  on  funeral  occasions,  or 
cases  of  charity.      (1852.    Rep.   33.) 

73.  Resolved,  That  this  Grand  Lodge  recognizes  the 
authority  of  the  different  Grand  Lodges  in  the  United 
States  over  the  jurisdiction  claimed  by  them,  and  do  not 
recognize  the  authority  of  any  other  body  whatever,  claiming 
jurisdiction  which  interferes  or  conflicts  with  theirs.  (1852, 
Rep.    56.) 

74.  Resolved,  That  this  Grand  Lodge  does  not  con- 
sider that  "the  Supreme  Council  of  Sovereign  Grand 
Inspectors  General  of  the  33d  Degree  of  the  Scottish  Rite," 
can  lawfully  constitute  Lodges  of  Symbolic  Masonry  in  the 
State  of  Louisiana,  within  the  jurisdiction  of  the  Grand 
Lodge  of  Louisiana.  [Note. — This  is  not  the  Supreme 
Council  Sovereign  Grand  Inspectors  General,  of  the  33d 
Degree,  Southern  Masonic  Jurisdiction,  over  which  General 
Albert  Pike  and  Dr.  Mackey  presided,  but  is  the  so-called 
Cerneau  Rite  which  did  establish  Symbolic  Lodges  in  the 
State  of  Louisiana.  ]     (1852.    Rep.    56.) 

Resolved,  That  the  fact  that  they  are  constituted  as 
lodges  of  the  Scottish  Rite  will  make  no  difference.  (1852. 
Rep.    56.) 

75.  Resolved,  That  lodges  so  constituted  are  not 
entitled  to  be  recognized  as  legally  constituted,  and  the 
members  of  such  lodges,  and  those  initiated  therein,  are 
not  lawful  brothers,  nor  entitled  to  visit  and  communicate 
with  this  Grand  Lodge  and  its  constituent  lodges.  (1852. 
Rep.    56.) 

76.  Resolved,    That    the    practice    of    publishing    the 


20  DIGEST    OF     MASONIC     LAW. 

names  of  rejected  applicants  for  Masonic  honors  be  discon- 
tinued by  this  Grand  Lodge.      (1852.    Rep.    56.) 

77.  Resolved,  That  an  expulsion  from  an  Encampment 
(now  called  a  Commandery)  does  not  affect  the  standing  of 
the  individual  in  any  Blue  Lodge  to  which  he  may  belong: 
(1852.    Rep.    57.) 

78.  Resolved,  That  the  constitution  of  this  Grand 
Lodge  be  so  amended  that  it  shall  read:  "Whenever  this 
Grand  Lodge  shall  reverse  or  abrogate  a  decision  of  a 
Subordinate  Lodge,  expelling  a  brother,  and  shall  restore 
him  to  the  benefits  of  Masonry,  he  shall  not  thereby  be 
restored  to  membership  within  the  body  from  which  he  was 
expelled  without  its  unanimous  consent."     (1852.    Rep    57.) 

79.  x\n  election  can  not  be  held  on  any  regular  meet- 
ing to  fill  a  vacancy,  but  such  can  be  filled  only  at  the 
regular  election.      (1853.    Res.    40.) 

80.  A  lodge  can  not  provide  that  a  member  may  be 
suspended  for  neglect  of  dues,  as  this  punishment  is  second 
in  degree  embraced  in  the  Masonic  Code  for  crimes,  but 
they  may  dismember  for  such  neglect.      (1853.    Res.   41.) 

81.  A  question  as  to  the  right  of  membership,  after 
the  expiration  of  the  time  for  which  a  member  has  been 
suspended,  having  been  submitted  to  your  Committee,  the)" 
are  of  opinion  that  when  the  time  has  expired  the 
brother  so  suspended  is  entitled  to  all  the  rights  and  privil- 
eges that  he  enjoyed  before  his  suspension,  and  if  he  was  a 
member  of  the  lodge  by  which  he  was  suspended  a  ballot  is 
not  necessary  to  restore  him  to  that  privilege.  (1853. 
Res.    56.) 

82.  Whereas,  The  Grand  Lodge  of  the  State  of  North 
Carolina  has  received  from  the  Grand  Lodge  of  New  York, 
official  information  that  the  Grand  Master  of  Hamburg  has 
issued  a  charter  to  a  lodge  called  Pythagoras  Lodge,  within 
the  territorial  limits  of  New  York,  without  the  consent  and 
against  the  remonstrance   of   the  Grand  Master  of  the  State 


DIGEST    OF      MASONIC     LAW.  2  1 

of  New  York;  and  whereas,  The  Grand  Lodge  of  New  York 
desires  an  expression  of  the  sentiments  of  the  general 
Grand  Lodges  of  the  United  States  in  reference  thereto, 
be  it, 

Resolved,  That  the  act  complained  of  is  a  gross  and 
indecent  invasion  of  the  Masonic  rights  of  our  sister  Grand 
Lodge,  of  the  State  of  New  York;  that  such  an  interference 
with  the  jurisdiction  of  a  sister  Grand  Lodge,  by  a  sister 
Grand  Lodge,  whether  domestic  or  foreign,  is  highly 
Unmasonic,  and  necessarily  mars  the  harmony  of  the  work, 
and  cannot  be  countenanced  by  this  Grand  Lodge. 

Resolved,  That  all  Masonic  intercourse  between  this 
Grand  Lodge  and  the  Grand  Lodge  of  Hamburg  cease 
until  the  surrender  or  recision  of  the  charter  of  the  said 
Pythagoras  Lodge,  and  that  this  resolution  of  non-inter- 
course embrace  the  said  Pythagoras  Lodge.  (1854. 
Res.   49.) 

83.  A  Mason  can  not  be  arraigned  and  tried  for 
Unmasonic  conduct  generally.      (1856.    Rep.    57.) 

84.  A  Mason  under  sentence  of  suspension  can  not, 
before  expiration  of  the  term  of  his  suspension,  be  brought 
before  the  lodge  for  Unmasonic  conduct  during  the  term  of 
his  suspension.      (1854.    Rep.    57.) 

85.  A  Mason  must  be  arraigned  and  tried  by  the  lodge, 
and  not  by  a  committee  of  the  lodge.      (1854.    Rep.   58.) 

86.  Masonic  trials  can  not  be  conducted  while  the 
lodge  is  at  refreshment.      (1854.    Rep.  58.) 

87.  Resolved,  That  all  lodges  hereafter  chartered  shall 
be  numbered  according  to  the  dates  of  their  charters,  and 
that,  in  future,  numbers  rendered  blank  by  death  of  lodges 
shall  not  be  filled.      (1854.    Rep.    59.) 

88.  Resolved,  That  the  Grand  Lodge  recommend  to 
the  vSubordinate  Lodges  to  protect  themselves  from  the 
intrusion  of  non-affiliating  Masons,  by  imposing  some 
amount  for  them  to  pay — which  amount  shall  be  discre- 
tionary with  each  lodge;  provided,  no  lodge  imposes  a  sum 
greater  than  the  annual  fee.      (1855.    Res.    53.) 


22  DIGEST    OF     MASONIC     LAW. 

89.  It  is  not  correct  for  a  lodge  By-law  to  provide  for 
the  vacancies  in  case  of  death,  resignation  or  removal,  to  be 
filled  at  next  regular  meeting,  which  we  believe  to  be 
contrary  to  the  principles  of  Masonry;  believing  that  in  the 
case  of  the  Master's  office  becoming  vacant  that  the  Senior 
Warden  is  to  fill  his  station  until  the  regular  time  of  election, 
the  Junior  Warden  to  fill  the  Senior  Warden's  station, 
and  the  Junior  Warden's  station  to  be  filled  pro  tern.,  unless 
by  dispensation  from  the  Most  Worshipful  Grand  Master. 
(1856.    Rep.   42.) 

90.  The  accused  was  convicted  by  his  lodge  for  having 
violated  his  word  after  giving  it  as  a  Master  Mason,  to  two 
Master  Masons,  without  showing  justifiable  reasons  therefor 
that  did  not  exist  at  the  time  the  promise  was  made,  to  the 
prejudice  and  injury  of  two  Master  Masons.  Sentence  was 
approved.      (1856.    Rep.   45.) 

91.  In  the  case  of  a  brother  who  was  suspended  from 
all  the  rights  and  benefits  of  Free  Masonry  for  three  years, 
upon  the  charge  of  having  lost  his  character  as  a  man  of 
truth,  and  for  having  threatened  to  expose  the  secrets  of 
Free  Masonry  upon  being  reprimanded  by  a  brother  Mason 
for  his  Unmasonic  conduct,  your  Committee  respectfully 
recommend  that  the  proceeding  be  approved.  (1856. 
Rep.    45.) 

92.  Resolved,  That  this  Grand  Lodge  consider  the 
words  "due  proficiency,"  used  in  Art.  4,  Sec.  10,  of  the 
By-laws,  to  mean  such  an  acquaintance  with  the  work, 
lectures,  signs,  passwords  and  grips,  as  would  enable  the 
candidate  to  work  his  way  into  any  lodge  where  he  might 
not  be  known  as  a  Mason.      (1857.    Res.   40.) 

93.  Resolved,  That  this  Grand  Lodge  defray  all  the 
necessary  expenses  of  the  Grand  Master  incurred  while 
engaged  in  the  business  of  the  Grand  Lodge.  (1857, 
Res.    42.) 

94.  It  is  not  a  Masonic  offense  for  a  brother  to  employ 
counsel  to  defeat  the  application   of   a   Mason  applying  to 


DIGEST     OF     MASONIC     LAW.  23 

the  county  court  for  license  to  retail  ardent  spirits,  he 
alleging  that  by  such  action  he  had  been  prevented  from 
following  his  regular  business  and  thereby  suffered  loss. 
Such  a  brother  commits  no  Masonic  offense,  but  the  actiun 
of  the  party  preferring  charges  and  arraigning  him  was 
irregular  and  Unmasonic.      (1857.    Rep.   44.) 

95.  Resolved,  That  when  an  appeal  is  taken  from  the 
decision  of  any  Subordinate  Lodge  in  Masonic  trials,  and 
the  decision  of  the  lodge  below  is  disaffirmed  by  reason  of 
any  technical  irregularity  or  uniformity  in  their  proceedings 
(without  reference  to  the  merits  of  the  cause)  the  same 
shall  be  certified  to  the  lodge  below,  and  a  new  trial  shall 
be  had.      (1857.    Res.   45.) 

96.  Resolved,  That  the  expenses  of  the  Chairman  of 
the  Committee  on  Foreign  Correspondence,  be  defrayed,  as 
in  the  case  of  the  three  highest  officers  in  the  lodge.  (1857. 
Res.   49.) 

97.  A  lodge  has  power  to  arraign  and  try  a  brother 
residing  within  their  jurisdiction,  although  he  is  affiliated 
with  another  lodge  in  this  jurisdiction.      (1858.    Rep.   45.) 

98.  Resolved,  That  when  all  matters  in  dispute  between 
the  Grand  Lodge  of  England  and  that  of  Canada  shall  be  set- 
tled, either  by  a  recognition  of  the  Grand  Lodge  of  Canada  on 
the  part  of  the  Grand  Lodge  of  England,  or  a  return  of  the 
former  to  her  allegiance,  we  will  be  happy  to  recognize  our 
brethren  of  that  province,  and  to  open  communication  with 
them  ;  and  that  we  fully  concur  in  the  report  of  our  Grand 
Master  concerning  Masonry  in  Canada.      (1858.   Rep.    57.) 

99.  That  it  is  not  in  the  power  of  the  Worshipful 
Master;  at  a  regular  meeting,  to  appoint  a  special  meeting 
to  receive  and  act  upon  a  petition  for  the  degrees.  (1858. 
Dec.    58.    Martin,  G.  M.) 

100.  A  party  claiming  no  particular  place  as  a  residence 
is,  in  my  judgment,  as  much  a  sojourner,  wherever  he 
applies  for  the  honors  of  Masonry,  as  he  who  hails  from  an 


24  DIGEST    OF    MASONIC     LAW. 

acknowledged  jurisdiction  would  or  should  be  considered,  if 
he  made  application  in  any  other.  The  one  is  a  sojourner 
wherever  he  may  apply,  and  the  other  anywhere  out  of  his 
own  jurisdiction.      (1858.    Dec.    59.    Martin,  G.  M.) 

101.  Minutes  of  meeting  of  lodge  should  be  read  and 
approved  before  lodge  closes,  and  not  left  open  for  approval 
at  next  communication.      (1859.    Dec.    11.    Martin,  G.  M.) 

102.  Conviction  by  lodge  of  passing  counterfeit  money 
is  properly  sustained  as  Unmasonic  conduct.  (1859. 
Rep.    25.) 

103.  A  defendant's  own  testimony  should  not  be  taken 
on  his  trial,  yet  he  may,  in  the  argument  of  his  case,  make 
a  statement  in  relation  to  the  matter,  and  the  lodge  can 
receive  it  as  its  members  think  proper,  attaching  more  or 
less  importance  to  it.      (1859.    Rep.    26.) 

104.  Resolved,  That  in  the  opinion  of  this  Grand 
Lodge,  the  precedent  recently  adopted  by  some  of  our  sister 
Grand  Lodges,  appointing  a  representative  to  attend  the 
Annual  Communications  of  other  Grand  Bodies,  meets  our 
decided  commendation ;  that  such  an  interchange  of  fra- 
ternal courtesies  is  eminently  calculated  to  maintain  and 
promote  reciprocal  regard  and  harmonious  feeling,  prom- 
inent characteristics  which  should  ever  exist  between  sister 
Grand  Bodies. 

Resolved.  That  the  Grand  Master  be  authorized  to 
appoint  a  representative  of  this  Grand  Lodge,  near  the 
Grand  Lodge  of  any  other  jurisdiction  of  this  Union,  who 
may  indicate  a  willingness  to  reciprocate  the  courtesy. 
(1859.    Res.    35.) 

105.  An  aider  or  abettor  cannot  be  held  to  answer  a 
charge  for  a  Masonic  offense  until  the  principal  has  first 
been  convicted.      (1859.    Rep.    39.) 

106.  It  is  a  Masonic  offense  for  a  member  of  a  defunct 
lodge  not  to  deliver  up  the  property  of  such  defunct  lodge 
when  claimed  on  behalf  of  the  Grand  Lodge.  (1859. 
Rep.    39-) 


DIGEST     OF    MASONIC     LAW.  25 

107.  That  such  brother,  when  summoned  by  the 
Grand  Master,  under  the  seal  of  the  Grand  Lodge,  to 
appear  at  its  Annual  Communication  is  guilty  of  disobeying 
a  legal  summons,  and  was  properly  expelled  by  the  Grand 
Lodge.      (1859.    Rep.   39.) 

108.  I  would  take  occasion  here  to  incidentally  refer  to 
a  growing  evil  in  our  Jurisdiction. — That  of  inserting 
Masonic  cards  in  newspapers,  and  prefixing  Masonic 
emblems  to  all  kinds  of  advertisements,  and  placing  the 
same  on  various  species  of  merchandise,  as  a  prostitution  of 
our  noble  Order  to  sordid  and  selfish  ends,  and  would  urge 
all  Masons  to  discountenance  a  practice  unworthy  of  men 
who  seek  our  Order  with  a  sincere  desire  to  be  serviceable  to 
mankind,      (i860.    Dec.  9.    Williams,  G.  M.) 

109.  A  Grand  Lodge  having  the  power  which  charters 
and  establishes  Subordinate  Lodges,  and  undertakes  to 
exercise  lawful  jurisdiction  over  a  given  territory  in  which 
lodges  are  located,  has  the  powrer  to  settle  the  jurisdiction 
of  each  lodge  on  equitable  principles;  and  further,  that  the 
power  of  determining  jurisdiction  is  not  the  prerogative  of 
Subordinate  Lodges,  nor  have  they  the  right  to  initiate  a 
person,  whom  they  may  even  deem  a  fit  and  proper  recipient 
of  our  favor,  without  considering  where  his  residence  may 
be.      (i860.    Dec.    9.    Williams,  G.  M.) 

no.  Resolved,  That  hereafter  the  Subordinate  Lodges 
who  have  suspended  any  member  of  a  lodge  and  informed 
sister  lodges  of  the  same,  and  should  afterwards  reinstate 
the  brother,  they  should  afterwards  be  required  to  inform 
sister  lodges  that  said  brother  has  been  reinstated  and  is  in 
full  fellowship,  and  entitled  to  all  the  benefits  of  Masonry. 
(i860.    Res.    21.) 

in.  We  do  not  deem  the  degree  of  Past  Master  as 
essential  to  the  Master  in  presiding  over  a  lodge,  (i860. 
Rep.    24.) 

112.      We    would    recommend    that  all  correspondence 
regarding  jurisprudence  between  Subordinate   Lodge  mem- 
4 


26  DIGEST    OF     MASONIC     LAW. 

hers  and  the  Grand   Master,  come   through   the  Secretary, 
with  the  seal  of  the  lodge  attached,      (i860.    Rep.    24.J 

113.  Whether  a  Master  of  a  lodge,  who  has  absconded 
and  fled  the  country,. can  be  tried  at  the  first  communication 
of  the  Grand  Lodge  to  which  the  charges  are  preferred, 
your  Committee  submit  to  this  Grand  Lodge,  though  they 
believe  in  analogy  to  trials  in  Subordinate  Lodges,  he  can 
be.      (i860.    Rep.    26.) 

1 14.  After  a  vote  of  acquittal  a  lodge  cannot  reconsider 
and  find  the  brother  guilty,  when  a  number  of  brethren  had 
left.  No  reconsideration  after  an  acquittal  can  be  had, 
unless  it  is  to  correct  a  mistake  in  fact.      (i860.   Rep.    26.) 

115.  Grand  Lodge  has  power  to  suspend  a  Worshipful 
Master  from  his  office  pending  investigation  of  charges 
preferred  against  him.      (1861.    Rep.    15.) 

116.  Resolved,  That  in  the  opinion  of  this  Grand 
Lodge,  dispensations  to  hold  lodges  might  with  propriety 
be  granted  to  regiments  of  war  troops;  but  not  to  troops 
serving  for  a  less  period  of  time.      (1861.    Rep.    17.) 

117.  Resolved,  That  every  Mason  ought  to  belong  to 
some  particular  lodge,  and  comply  with  its  By-laws  and  the 
general  regulations  in  relation  to  the  payment  of  dues  and 
contributions  to  the  charity  funds.  And  any  Mason  who 
does  not  contribute  to  the  funds,  or  belong  to  some  lodge, 
is  not  entitled  to  visit  a  lodge,  while  he  remains  non-affili- 
ated, or  to  join  in  procession  or  to  relief  or  Masonic  assist- 
ance or  burial. 

2nd,  That  nothing  in  the  foregoing  resolution  shall  be 
so  construed  as  to  prohibit  any  Subordinate  Lodge  from 
permitting  a  non-affiliated  Mason  to  visit  a  lodge  once. 
(1862.    Rep.    16.) 

118.  I  have  declined  to  grant  either  of  the  dispensa- 
tions (military  lodges  in  regiments  serving  out  of  the 
State — one  in  South  Carolina  and  one  in  Virginia)  for 
reasons  which  I  think  are  sufficiently  strong,  believing,  in 


DIGEST     OF     MASONIC     LAW.  27 

fact,  that  my  jurisdiction  and  right  to  establish  lodges  was 
strictly  confined  to  the  limits  of  North  Carolina,  and  that 
my  compliance  with  the  request  of  the  petitioners  would 
have  been  an  infringement  upon  the  jurisdiction  and  rights 
of  the  Grand  Masters  of  those  states  respectively.  I  know 
some  of  the  Grand  Masters  in  the  Southern  States  differ 
with  me  on  this  point,  and  Brother  Fellows,  G.  M.  of 
Louisiana,  exercises  the  prerogative  to  grant  dispensations 
for  opening  lodges  in  other  jurisdictions,  but  at  present  I 
leave  this  subject  to  be  decided  by  an  impartial  judgment 
of  the  Masonic  fraternity.       (1863.  Dec.    7.   Watson,  G.  M.) 

119.  Frequent  application  having  been  made  to  me 
during  the  past  Masonic  year,  in  regard  to  one  of  the  land- 
marks of  the  Order,  I  deemed  it  due  the  members  of  this 
body  that  I  should  call  your  attention  to  the  same,  this  is,  the 
qualification  of  candidates  for  initiation  during  the  revolu- 
tion that  now  exists.  Many  of  our  worthy  young  men  have 
been  disabled  and  maimed  for  life,  and  yet  many  of  them, 
after  returning  home,  have  been  and  are  still  applying  for 
admission  into  the  lodge.  We  regret  that  those  who  are 
true  and  trusty,  and  have  served  their  country  with  such 
fidelity,  should,  by  such  misfortune,  be  debarred  from 
entering  our  portals  and  enjoying  the  lights  which  Masonry 
affords,  but  such  is  the  nature  of  our  institution,  without  a 
violation  of  one  of  its  most  important  landmarks,  which  plainly 
tells  us  that  the  candidate  must  have  "no  maim  or  defect 
about  his  body  that  may  render  him  incapable  of  learning 
the  art."  Thus  are  excluded,  the  blind,  the  deaf,  the  dumb, 
and  those  having  but  one  foot,  and  those  having  but  one 
hand,  as  none  of  them  can  learn  and  teach  the  rituals  of  the 
Order.  This  landmark  being  of  such  plain  interpretation, 
you  may  think  it  entirely  unnecessary  on  my  part  to  call 
the  attention  of  so  intelligent  a  body  as  this  to  the  subject, 
but,  when  considered  in  its  true  light,  you,  I  think,  will 
agree  with  me  that  its  importance  is  a  sufficient  reason  for 
your  attention  being  called  to  the  subject,  hoping  thereby 
to  cause  to  be  avoided  by  Subordinate  Lodges  an  infringe- 
ment of  the  same.      (1863.    Dec.   8.    Watson,  G.  M.) 


2<S  DIGEST    OF     MASONIC     LAW. 

1 20.  That  they  approve  his  declining'  to  give  dispen- 
sations to  form  lodges  beyond  the  limits  of  North  Carolina, 
in  the  army;  1st,  Because  it  is  beyond  his  jurisdiction, 
and  2nd,  Because,  except  in  extraordinary  cases,  they 
doubt  the  propriety  of  forming  "traveling  lodges,"  inas- 
much as  few  cases  can  arise  in  which  an  applicant  can  not  be 
initiated  in  a  stated  lodge,  when  at  home  on  furlough, 
or  before  his  entering  the  army,  when  the  several  degrees 
can  be  much  more  safely  conferred,  and  the  evidence  much 
more  surely  preserved;  and  inasmuch  as  every  facility  is 
afforded  Masons  in  the  army  for  conversation  and  instruc- 
tion, without  a  lodge  as  with  it.      (1863.    Rep.    11.) 

121.  That  while  all  our  sympathy,  as  men,  is  with 
those  who  have  been  maimed  in  the  service  of  their  country, 
and  while  the  benevolence  of  our  Order  reaches  every 
human  being  who  needs  our  assistance,  yet  we  are  obliged 
to  say  that  the  views  of  our  Grand  Master  are  in  accordance 
with  the  ancient  principles  and  the  universal  practice  of  our 
institution.      (1863.    Rep.    12.) 

122.  The  Committee  to  whom  was  referred  the  resolu- 
tion "to  report  to  this  Grand  Lodge  the  course  to  be 
pursued  by  Subordinate  Lodges,  in  receiving  the  petitions 
of  candidates  when  absent  from  home  in  the  army, "  beg 
leave  to  report  that  they  have  investigated  the  subject,  and 
deem  it  only  necessary  to  refer  to  Art.  IV,  Sec.  12,  of  the 
By-laws  of  this  Grand  Lodge  for  the  law  on  the  subject. 
The  only  question  is,  whether  the  absence  of  a  man  in  the 
army,  temporarily,  changes  his  residence.  The  opinion  of 
your  Committee  is  that  it  does  not. 

Your  Committee  is  further  of  the  opinion  that  it  would 
be  unsafe  and  highly  injurious  to  our  institution  to  adopt 
the  practice  of  admitting  transient  persons,  except  in  strict 
accordance  with  Masonic  law  and  usage.      (1863.   Rep.    16.) 

123.  A  Mason  can  not  petition  another  lodge  for 
affiliation  until  he  has  secured  a  demit  from  the  lodge  to 
which  he  then  belongs,  for  the  reason  that  a  Mason  can  not  be 
a  member  of  two  lodges  at  the  same  time.      (1863.    Rep.    17.) 


DIGEST     OF     MASONIC    LAW.  29 

124.  Whereas,  It  is  the  opinion  of  the  Grand  Lodge 
that  lodges  working  under  dispensation  have  no  right  to 
affiliate  members;  therefore, 

Resolved,  That  all  lodges  who  have  been  working  under 
dispensation  be  requested  to  re-ballot  on  the  petitions  of  all 
members  they  have  received  by  demit  during  the  period  of 
such  dispensation.      (1864.    Res.    7.) 

125.  Whereas,  This  Grand  Lodge,  by  a  resolution  of 
1861,  recommended  the  Grand  Master  to  issue  dispensations 
to  military  lodges,  and  whereas,  The  question  of  jurisdiction 
has  been  admitted;  therefore,  be  it 

Resolved,  That  this  Grand  Lodge  claims  Masonic  juris- 
diction over  all  troops  belonging  to  the  State  of  North 
Carolina,  wherever  they  may  be. 

Resolved,  2nd,  That  no  military  lodge  under  the 
jurisdiction  of  this  Grand  Lodge  shall  have  the  power  to 
confer  the  degrees  upon  any  person  other  than  such  as  by 
the  laws  of  North  Carolina  are  entitled  to  vote  in  the  State 
elections  held  in  the  army.      (1864.    Res.    21.) 

126.  Three  Masons  were,  by  their  respective  lodges, 
expelled  for  desertion  from  the  army,  wdiich  in  the  opinion 
of  the  Committee  is  a  political  and  not  a  Masonic  offense. 
While  we,  as  citizens,  express  our  entire  condemnation  of 
desertion,  and  deplore  such  conduct,  whether  by  Masons  or 
the  profane,  we  would  recommend  that  for  the  future, 
Subordinate  Lodges  do  not  attempt  to  deal  with  their 
members  on  the  simple  charge  of  desertion.  "Although  all 
the  most  ancient  and  universally  received  precepts  of  the 
institution  inculcate  obedience  to  the  civil  powers,  and 
strictly  forbid  any  mingling  in  plots  or  conspiracies  against 
the  peace  and  welfare  of  the  nation,  yet  no  offense  against 
the  State,  which  is  simply  political  in  its  character,  can  be 
noticed  by  a  lodge.  Once  introduce  this  subject  into  the 
lodges,  and  open  the  door  for  the  introduction  of  politics 
and  religion,  subjects  which  are  stringently  forbidden  to  be 
introduced  into  Masonry,  and  we  undermine  the  very 
foundation  of  our  time-honored  institution."       (1864.    Rep. 

21.) 


$o  DIGEST    OF     MASONIp    LAW. 

127.  Whereas,  Doubts  have  arisen  as  to  the  right  of 
the  Grand  Master  to  make  Masons  at  sight, 

Be  it  therefore  R  'solved,  That  the  deeision  of  this  Grand 
Lodge,  at  its  communication  of  1851,  is  hereby  affirmed. 
(1865.    Res.    16.) 

128.  Resolved,  1,  That  the  Most  Worshipful  Grand 
Master  be  requested  to  correspond  with  the  Most  Worship- 
ful Grand  Master  of  New  York  in  regard  to  the  reported 
organization  of  negro  lodges  in  North  Carolina,  and 
earnestly  remonstrate  against  the  same. 

Resolved,  2,  That  this  Grand  Lodge  will,  and  the  Fra- 
ternity in  North  Carolina  are  instructed  to,  regard  all  such 
lodges  as  clandestine,  and  the  members  thereof  as  spurious. 
(1865.    Rep.    21.) 

129.  Our  relations  with  our  sister  Grand  Lodges  are  of 
the  most  satisfactory  and  fraternal  character.  The  onlv 
disturbance  threatened  was  with  the  Grand  Lodge  of  New 
York.  At  our  last  communication  we  had  information, 
upon  which  we  reasonably  relied,  that  the  Grand  Lodge  of 
New  York  had  sent  an  emissary  into  the  State  to  establish 
negro  lodges,  and  that  a  negro  lodge  had  been  established 
at  Newbern.  I  have  corresponded  with  the  Grand  Master 
of  New  York,  and  I  am  happy  to  say  that  it  was  not  so.  It 
seems  that  there  is  a  negro  grand  lodge  in  the  State  of  New 
York,  and  that  it  wTas  the  negro  grand  lodge  which  had  sent 
out  the  emissary.  The  only  ground  of  complaint  which  we 
can  have  against  the  Grand  Lodge  of  New  York  is,  that  she 
did  not  warn  us  of  the  existence  in  her  midst  of  a  negro 
grand  lodge.  The  excuse  for  this  is,  as  I  judge  from  my 
correspondence  with  the  Grand  Master,  that  they  regard  it 
as  "perfectly  harmless."  But  so  it  is  not  regarded  among 
us.  Among  a  population  so  degraded  and  ignorant  as  the 
negro  population  of  the  South,  our  institution,  so  powerful 
for  good  when  properly  guarded,  would  be  as  powerful  for 
mischief  when  thus  abandoned.  Indeed  a  spurious  body  of 
Masons,  whether  black  or  white,  is  a  matter  of  serious 
alarm,  ought  never  to  be  considered  as  "perfectly  harmless" 


DIGEST     OF     MASONIC    LAW.  3  I 

and  the  Craft  ought  instantly  to  be  put  on  their  guard.  And 
this  we  say,  not  in  a  spirit  of  acrimony,  but  in  the  freedom 
of  friendly  counsel.      (1866.   Dec.    Reade,  G.  M.) 

130.  We  have  examined  the  proceedings  of  this  lodge, 
and  find  them  kept  in  a  neat  manner,  but  object  to  their 
rule  of  approving  their  minutes  at  a  subsequent  meeting. 
We  think  this  should  be  done  before  the  lodge  closes,  for 
many  reasons  which  will  be  apparent  to  every  brother.  We 
find  the  Master's  signature  to  the  minutes  wanting.  (1866. 
Rep.    26.) 

131.  It  is  contrary  to  Masonic  law  for  a  lodge  under 
dispensation  to  affiliate  Masons,  they  can  do  nothing  but 
make  Masons.      (1866.    Rep.    29.) 

132.  We  also  object  to  the  brethren  using  in  their 
minutes  such  expressions  as — "initiated  into  the  mysteries 
of  the  Fellow  Craft's  degree,"  and  others  of  like  Unmasonic 
expressions.      (1866.    Rep.    29.) 

133.  We  object  to  any  lodge  having  every  meeting  as 
a  day  of  election.      (1866.    Rep.    29.) 

134.  Nor  do  we  think  the  approval  by  the  members  of 
a  lodge  necessary  to  the  appointment  of  any  committee  by 
the  Worshipful  Master.      (1866.   Rep.    29.) 

135.  We  also  suggest  that  our  brethren  approve  their 
proceedings  on  the  day  of  their  occurrence.      (1866.  Rep.  29.) 

136.  Resolved,  That  it  be  enjoined  upon  the  Masters 
and  Wardens  of  the  Subordinate  Lodges  to  require  a  more 
strict  and  faithful  observance  of  the  Constitution  and 
By-laws  of  this  Grand  Lodge,  and  to  see  to  it  that  Sec.  10, 
Art.  IV,  of  the  By-laws  be  strictly  enforced,  especially  that 
part  which  declares  that  more  than  one  degree  shall  not  be 
conferred  in  the  same  day  unless  due  proficiency  be 
manifested  in  open  lodge.      (1866.    Rep.    34.) 

137.  Resolved,  That  the  Grand  Lecturers  be  required  to 
examine  the  records  and  proceedings  of  the  lodges  they 
may  visit,  and  report  in  what  manner  these  are  kept  and 


32  DIGEST    OF    MASONIC     LAW. 

conducted,  as  well  as  whether  due  obedience  is  paid  to  the 
Constitution,  laws  and  teachings  of  Masonry.  (1866. 
Rep.   34.) 

138.  Resolved^  That  the  Grand  Secretary  and  Grand 
Treasurer  be  appointed  a  standing  committee  to  procure 
portraits  of  the  Grand  Masters  of  this  State  beginning  with 
the  year  1866,  and  all  living  Past  Grand  Masters  whose 
portraits  can  be  obtained,  and  the  same  when  procured  be 
suitably  framed  and  hung  up  in  the  Grand  Lodge  Hall. 
(1866.  Res.  3S.) 

139.  On  complaint  of  St.  John's  Lodge  No.  1,  of 
Wilmington,  against  Athol  Lodge  No.  65  and  Keith  Lodge 
No.  36  or  61,  Halifax,  Nova  Scotia,  working  under  the 
jurisdiction  of  the  Grand  Lodge  of  England,  the  Committee 
have  made  some  investigations  relative  to  this  matter,  and 
find,  that  in  the  year  1865  a  vessel  left  the  port  of  Wilming- 
ton, running  the  blockade,  and  in  her  voyage  touched  at 
Halifax,  Nova  Scotia,  for  three  days.  That  during  these 
three  days  thirteen  persons  aboard  the  blockader,  whose 
names  we  know,  and  there  were  others  also,  but  their 
names  are  not  known,  applied  to  and  received  from    Keith 

Lodge  No.  65  and  Athol  Lodge  No. ,  the  three  degrees 

of  Ancient  Craft  Masonry.  These  thirteen  men  were  citi- 
zens of  Wilmington,  N.  C,  residing  within  the  jurisdiction 
of  St.  John's  Lodge  No.  1,  of  this  Grand  Lodge,  and  a 
majority  of  them  had  been  rejected  by  said  lodge.  One  of 
the  number,  in  taking  his  degree,  was  so  drunk  that  he  did 
not  go  through,  but  he  had  to  be  helped  through.  A 
brother  from  this  Jurisdiction  objected  to  the  proceedings 
as  a  gross  violation  of  the  jurisdiction  of  St.  John's  Lodge 
No.  1  and  this  Grand  Body.  The  reply  was,  "that  they 
worked  the  Scottish  Rite  and  could  do  as  they  pleased." 
This  action  of  these  two  Nova  Scotia  lodges,  your  Commit- 
tee cannot  but  regard  as  a  palpable  violation  of  the  juris- 
diction of  this  Grand  Body,  and  is  no  less  a  violation  of  the 
spirit  and  design  of  Masonry.  Could  we,  for  one  moment, 
look  with  approval  upon  any  lodge  which   would    pick  up 


DIGEST     OF     MASONIC    LAW.  33 

any  wanderer,  sojourner  or  straggler  through  the  world, 
and  clothe  him  in  the  habiliment  of  Masonry.  Could  any 
Mason  having  decent  self-respect  look  upon  the  indiscrim- 
inate crowding  into  the  Temple  by  mere  adventurers,  with 
anything  but  reprobation?  ***** 

The  general  rules  and  regulations  of  Masonry,  the 
great  common  love  of  Masonry,  forbid  any  such.  For  who 
ever  heard  of  lodges  introducing  those  who  had  no  resi- 
dence ?  These  adventurers  had  no  idea  of  settling  in 
Halifax;  much  less  did  they  settle.  The  animus  revert cndi 
was  always  present ;  their  design  was,  as  soon  as  loaded 
with  freight,  to  return  to  Wilmington.  Yet  with  all  these 
lights  before  them,  the  two  lodges  of  Halifax,  N.  S., 
clothed  them  with  the  garments  of  the  Order  and  sent  them 
back  to  their  Wilmington  brethren,  saying  by  their  actions: 
"These  men  had  their  residence  in  Wilmington,  you  black- 
balled them,  they  came  over  the  water  to  us,  we  judged 
them  and  found  them  good  and  true  and  fit  for  the  Temple. 
You  judged  w^rongly;  you  of  Wilmington  could  not  see 
these  men  in  their  virtue  and  purity,  but  we  can ;  and  we 
send  them  back  to  you  to  rebuke  you,  and  place  material  in 
your  Temple  which  you  had  rejected."  We  do  not  wonder 
that  the  Wilmington  Lodge  called  the  attention  of  this 
Grand  Body  to  this  fact,  for  what  lodge  could  view  such 
actions  without  indignation.        ****** 

The  action  of  the  Masonic  congress  at  Paris  expressly 
laid  down  as  a  principle  that  petitioners  for  the  honors  of 
Masonry  must  have  a  fixed  residence,  and  it  does  seem 
strange  that  legislation  should  ever  have  been  necessary  on 
that  point.  For  no  one  at  all  conversant  with  the  principles 
and  designs  of  Masonry  could  for  a  moment  tolerate  such 
a  practice.  Did  St.  John's  Lodge  lose  her  jurisdiction  of 
these  men  when  they  had  left  the  port  of  Wilmington,  with 
the  design  and  intention  of  returning  soon?  Certainly  not. 
Their  residence  was  in  Wilmington,  and  St.  John's  Lodge 
alone  could  entertain  their  petition.  Whenever  they  had 
moved  their  residence  to  another  place  then  the  jurisdiction 
of  the  lodge  would  attach    in  which    they  had  settled    and 


34  DIGEST    OF     MASONIC     LAW. 

taken  a  fixed  plaee  of  residence.  And  this  practice  of 
admitting  sojourners  has  so  often  been  prohibited  by  this 
Grand  Lodge  that  the  world  is  supposed  to  know  that  while 
she  would  not  suffer  South  Carolina  to  receive  such  persons, 
and  remonstrates  to  that  Grand  Body  in  a  case  precisely 
similar  to  this,  and  the  Grand  Lodge  of  South  Carolina 
called  the  Subordinate  Lodge  to  account — neither  will  this 
Grand  Body  suffer  the  Halifax  lodges  to  do  the  same  thing 
without  being  called  to  account,  and  this  Grand  Lodge 
entering  her  protest  against  any  such  proceedings.  The 
fact  that  Nova  Scotia  is  further  off  than  South  Carolina 
makes  no  difference  in  the  principle.  The  decisions  of  this 
Grand  Lodge,  made  time  and  again,  set  that  matter  at  rest, 
and  have  surely  fixed  the  principle  that  this  Grand  Lodge 
claims  jurisdiction  over  every  man  within  the  limits  of 
North  Carolina  who  has  a  residence  in  the  State,  and  that 
she  claims  that  jurisdiction,  no  matter  where  the  person 
may  go,  until  he  changes  his  residence.  And  as  to  the 
right  of  admitting  sojourners,  this  Grand  Lodge  has  never 
for  one  moment  tolerated  any  such  idea.  Your  Committee 
would  only  call  attention  to  decisions  of  that  Grand  Lodge 
relative  to  these  matters,  as  sustaining  the  views  herein 
advanced  by  your  Committee.  (G.  L.  Pro.  1858.  p.  15  and 
58.  G.  L.  Pro.  1852.  p.  51,  etc.)  Your  Committee  would 
therefore  offer  the  following  resolutions  : 

Whereas,  A  paper  writing  containing  information  as  to 
a  violation  of  the  jurisdiction  of  this  Grand  Body  from  St. 
John's  Lodge,  No.  1,  Wilmington,  N.  C,  alluded  to  above, 
has  been  laid  before  this  Grand  Lodge, 

Therefore,  be  it  resolved,  By  the  Grand  Lodge  of  North 
Carolina,   in    Grand   Communication    assembled,   That  this 

Grand  Body  views  the  action  of  Keith  Lodge  No. ,  and 

Athol    Lodge    No. ,   in    the  premises  as    violating    the 

jurisdiction  of  this  Grand  Body,  and  that  the  action,  by 
those  Subordinate  Lodges,  is  at  variance  with  the  funda- 
mental principles  of  Masonry,  and  subversive  of  its  best 
interests. 

Resolved  further,    That    this    Grand    Body    direct    the 


DIGEST    OF     MASONIC     LAW.  35 

Grand  Secretary  to  transmit  a  copy  of  the  foregoing  resolu- 
tions to  the  G.  L.  of  England.      (1866.    Rep.   39.) 

140.  We    find  that  the  brethren  of Lodge 

receive  and  ballot  on  petitions  at  the  same  meeting,  which 
your  Committee  think  is  wholly  Unmasonic.    (1866.  Rep.  45.) 

141.  Like  all  other  lodges  under  dispensation,  they 
insert  and  persist  in  saying  that  the  lodge  was  opened  or 
was  closed  in  due  form,  which  can  not  be  true  unless  some 
grand  officers  were  present  to  do  so.      (1866.    Rep.   45.) 

142.  We  protest  against  the  great  length  of  the 
By-laws  of  this  lodge,  re-enacting  too  many  laws  of  the 
Grand  Lodge  and  re-iterating  many  things  which  are  as  old 
as  Masonry  itself.      (1866.    Rep.  46.) 

143.  In  the  case  of  Bro.  W.,  we  find  that  during  the 
year  1862  he  applied  to  his  lodge  for  a  dimit,  which  was 
granted.  Ypr  some  cause  he  did  not  receive  the  dimit 
from  the  Secretary.  In  the  meantime  he  removed  from  R., 
and  was  absent  some  time.  Returning  to  R.  in  1863  he  made 
application  to  the  Secretary  for  the  dimit  granted  to  him  in 
1862,  but  was  refused  on  the  ground  that  during  the  interim 
his  habits  and  conduct  had  become  such  that  the  lodge  was 
unwilling  to  receive  him  and  issue  the  dimit  ordered  in 
1862.  The  case  having  been  brought  before  the  Grand 
Lodge  at  its  last  Annual  Communication,  it  decided  that  the 
dimit  ought  to  be  furnished  him,  and  this  was  done.  It  is 
the  opinion  of  your  Committee,  after  a  careful  investigation 
of  the  matter  and  the  hearing  of  testimony,  that  the  lodge 
should  prefer  charges  against  Bro.  W.  and,  if  acquitted,  to 
grant  him   a  regular  dimit.      (1866.    Rep.   46.) 

144.  Your  Committee  examined  a  communication  from 

the  W.  M.  of  C Lodge,  in  which  he  sets  forth  that 

M Lodge  has   received    the   petition   of  a  candidate 

living  within  the  jurisdiction  of   C Lodge,   and  that 

his  statement  is  confirmed  by  the  W.  M.  of  H Lodge. 

These  being  the  facts,  it  is  the  opinion  of  your  Committee 


36  [)k;kst    of  masonic    law. 

that  M Lodge  has  committed  an  impropriety  (it  may 

be  unintentional)  and  that  M Lodge  should  pay  the 

fees  for  initiating,  passing  and  raising,  to  C Lodge, 

and  make  an  apology  for  trespassing  on  the  jurisdiction  of 
C Lodge.     (1866.   Rep.   46.) 

145.  The   Committee  on    Masonic    Jurisprudence  ask 

leave  to  report  that  they  have  considered  the  case  of  C 

Lodge  No.  ,  and  are  of  the  opinion  that  the  proceedings 

by  which  that  lodge  was  assembled,  and  officers  appointed, 
were  in  all  respects  irregular,  and  that  the  action  of  the  W. 
M.  of  W Lodge  No.  ,  in  making  such  appoint- 
ments, has  exposed  himself  to  censure  of  the  Grand  Lodge, 
and  your  Committee  do  recommend  that  all  the  operations 

of  C Lodge  be  suspended  by  the  Grand  Master,  until 

application  be  regularly  made  to  him  for  a  dispensation  to 
elect  officers.      (1866.    Rep.   49.) 

146.  The  proceedings  of  this  lodge  are  neatly  kept, 
but  we  find  many  irregularities  therein.  They  close  their 
E.  A.  Lodge  in  "due  form,"  consider  too  many  cases  as 
emergent,  and  are  too  careless,  we  fear,  generally.  One 
other  irregularity  we  think  too  grave  to  be  passed  over  in 
silence — the  records  show,  time  and  again,  that  a  "W.  M. 
pro  tern."  opened  the  lodge,  but  fail  to  state  whether  the 
Junior  Warden,  the  only  officer  present,  called  him  to  the 
chair,  after  having  opened  the  lodge  himself;  in  fact,  the 
minutes  show  that  their  pro  tem.  Masters  act  in  every 
instance  as  the  lawful  Master.  We  protest  against  such 
action.      (1866.    Rep.    50.) 

147.  Your  Committee  believe  that  there  is  a  large 
majority  of  the  lodges  in  this  Grand  Jurisdiction  whose 
By-laws,  as  they  now  stand,  have  never  been  approved  by 
this  Grand  Lodge.  Having  been  once  approved  they  have 
been  amended  or  altered  from  time  to  time,  perhaps  in 
many  important  particulars,  without  ever  having  obtained 
the  sanction  of  the  Grand  Lodge  to  such  amendments 
or  alterations.      (1867.    Rep.    16.) 


DIGEST     OF    MASONIC     LAW.  T>1 

148.  In  reference  to  a  violation  of  the  jurisdiction  of 
this  Grand  Lodge  by  Keith  Lodge  No.  36,  and  Athol  Lodge 
No.  65,  Nova  Scotia,  we  are  satisfied  that  the  Grand  Lodge 
of  England  is  in  no  way  responsible  for  the  same ;  but  those 
lodges  having  transferred  their  allegiance  from  the  Grand 
Lodge  of  Scotland  to  the  recently  constituted  Grand  Lodge 
of  Nova  Scotia,  wre  recommend  that  the  Grand  Secretary  be 
instructed  to  call  the  attention  of  the  latter  Grand  Body  to 
this  subject,  expressing  the  hope  and  belief  that  everything 
will  be  done  by  it,  necessary  and  proper,  to  guard  against 
like  occurrences  in  the  future.      (1867.    Rep.   35.) 

149.  Our  By-laws  require  due  proficiency,  in  each 
preceeding  degree,  to  be  manifested  in  open  lodge,  before 
the  advancement  of  candidates.      (1867.    Rep.   35.) 

150.  Overture  No.  1  is  as  follows,  viz, :  A  man 
worthy  and  well  qualified  was  elected  to  receive  the  degrees 
of  Masonry,  and  was  initiated  as  an  E.  A.  He  then,  in  the 
discharge  of  his  duty,  received  a  wound  that  deprived  him 
of  his  right  arm.  Is  it  proper  and  right  to  pass  and  raise  him 
to  the  sublime  degree  of  Master  Mason?  Your  Committee 
report  that  they  are  of  the  opinion  that  it  is  not.  Such  a 
candidate  is  not,  in  the  language  of  the  ancient  Constitu- 
tions, "A  perfect  youth,  having  no  maim  or  defect  in  his 
body  that  may  render  him  incapable  of  being  made  a 
brother,  and  then  a  Fellow  Craft  in  due  time,  etc."  (1867. 
Rep.   35.) 

151.  Overture  No.  2.  A  man  applies  to  be  initiated 
into  the  mysteries  of  Masonry,  by  petition  in  the  usual  form, 
except  that  being  unable  to  wTrite  his  name  it  is  appended 
with  his  mark,  and  the  Worshipful  Master  rejects  the 
petition  because  the  petitioner  can  not  write  his  name.  Is 
the  reason  for  the  rejection  of  the  petition  a  proper  one? 
The  Committee  report  their  opinion  to  be  that  this  question 
should  be  answered  in  the  affirmative.  [This  report  was 
submitted  to  the  G.  L. ,  page  38,  which  amended  it  by 
striking  out  "affirmative"  and  inserting  "negative,"  so  that 
the  Committee  was  reversed.]     (1867.    Rep.   35.) 


38  DIGEST    OF    MASONIC     LAW. 

152.  We  recommend  that  the  By-laws  of  NT- 
Lodge  be  amended  in  Article  fifth,  Section  second,  by 
striking'  out  the  words  "suspended  or  expelled,"  and  insert- 
ing- "excluded  from  membership,"  also  that  Section  third 
of  the  same  Article  be  stricken  out,  and  that  Article  seventh, 
Section  first,  be  so  amended  as  to  allow  a  member  to  with- 
draw at  pleasure  by  paying  all  his  dues  to  the  lodge,  when 
in  good  standing.      (1867.    Rep.   38.) 

153.  Your  Committee  find  upon  examination  of  the 
resolution  of  the  Grand  Lodge,  passed  at  its  Annual  Com- 
munication in  1851,  that  Subordinate  Lodges  are  restricted 
from  initiating  ministers  of  the  gospel  free  of  charge. 
(1867.    Rep.   43.) 

154.  When  a  brother  has  been  expelled,  and  the 
expulsion  confirmed  by  the  Grand  Lodge,  he  may  be 
restored  by  a  unanimous  vote  of  the  lodge  so  expelling  him. 
(1867.    Rep.   43.) 

155.  Resolved,  That  a  copy  of  the  Charter  of  this 
Grand  Lodge,  and  also  of  the  Act  of  Incorporation,  be 
hereafter  appended  to  the  proceedings.      (1867.    Rep.   44.) 

156.  Reports  of  suspensions  and  expulsions  made  to 
the  Grand  Lodge  must  be  accompanied  by  the  evidence 
taken.      (1867.    Rep.    45.) 

x57-  Q-  Can  a  Subordinate  Lodge  hold  the  election 
for  an  officer  or  officers  at  any  other  meeting  than  that 
specified  by  the  By-laws,  without  a  dispensation  from  the 
Grand  Master  or  his  deputy? 

A.  No.  Elections  can  only  be  held  at  the  time 
prescribed  in  the  By-laws.  If  any  lodge  shall  fail  to 
elect  its  officers  at  the  time  designated ;  for  good  cause 
shown,  the  Grand  Master  or  his  deputy  may  grant  a 
dispensation  for  an  election,  or  to  fill  a  vacancy  occurring 
in  any  elective  office.      (1868.    Dec.    12.    Best,  G.  M.) 

158.  Q.  If  a  member  of  a  Subordinate  Lodge  be  sus- 
pended or  expelled,  and  does  not  appeal  to  the  Grand 
Lodge,  is  it  the  duty  of  the  Secretary  to  notify  the  lodges 


DIGEST    OF     iMASONIC     LAW.  39 

of  such  suspension  or  expulsion  immediately,  or  wait  until 
after  the  meeting  of  the  Grand  Lodge? 

A.  The  By-laws  of  the  Grand  Lodge,  previous  to  1865, 
required  notice  of  all  suspensions  and  expulsions  to  be 
immediately  transmitted  to  all  the  lodges  in  the  State ;  but 
'at  the  Annual  Communication  in  1865,  the  following  proviso 
was  adopted:  "That  if  the  expelled  or  suspended  party,  as 
the  case  may  be,  by  the  next  regular  meeting,  or  in  one 
month,  appeal  from  the  decision  of  the  lodge  to  the  Grand 
Lodge,  then  no  notices  shall  be  sent  to  the  Subordinate 
Lodges  until  after  the  final  action  of  the  G.  L.  in  the  case." 
Therefore,  when  there  is  no  appeal  in  one  month,  notices 
must  be  sent.      (1868.    Dec.    12.   Best,  G.  M.) 

159.  Q.  Has  a  Subordinate  Lodge  the  right  to  remit 
quarterly  dues  of  ministers  of  the  gospel? 

A.  No.  At  the  Annual  Communication  of  the  Grand 
Lodge  in  1862,  the  following  resolution  was  adopted,  viz.  : 
"That  every  Mason  ought  to  belong  to  some  particular 
lodge,  and  comply  with  its  By-laws  and  the  general  regula- 
tion in  relation  to  the  payment  of  dues  and  contributions  to 
the  charity  fund.  *  *  *  *  *  ::"  Now  every  set  of  By-laws 
for  the  government  of  Subordinate  Lodges  fixes  an  amount 
to  be  paid  by  each  member  quarterly,  or  annually,  as  the 
case  may  be,  and  the  case  is  very  conclusive  to  our  mind 
that  it  is  improper  and  a  violation  of  the  edict  above  quoted 
for  the  dues  of  a  minister  to  be  remitted  simply  because  he 
is  a  minister.      (1S68.    Dec.    12.    Best,  G.  M.) 

160.  Q.  Does  a  candidate  who  has  been  initiated, 
passed  and  raised  to  the  sublime  degree  of  a  Master  Mason, 
become  a  member  of  the  lodge  simply  upon  his  being 
raised? 

A.  No.  If  he  is  raised  by  the  lodge  in  which  his 
petition  was  acted  upon,  he  must  sign  the  By-laws  of  that 
lodge;  and  by  so  doing  becomes  a  member.  If  the  degrees 
are  conferred  by  the  request  of  another  lodge,  he  must  sign 
the  By-laws  of  the  lodge  making  the  request.  This  is 
a  matter  very  often  neglected,  and  the  Masters  of  lodge  5 


40  DIGEST    OF     MASONIC     LAW. 

should    always   have    it    attended    to    at   the    proper   time. 
(1868.    Dec.    12.    Best,  G.  M.) 

x6x.  ,  Q.  Is  it  proper  for  one  Subordinate  Lodge  to 
notice  a  communication  from  another  lodge,  giving  notice 
of  the  suspension  or  expulsion  of  a  member,  if  the  Secre- 
tary's name  be  printed,  or  if  he  fails  to  attach  the  seal  of 
the  lodge?  And  would  it  not  be  proper  for  such  communi- 
cation to  bear  the  date  of  the  meeting  at  which  the  suspen- 
sion or  expulsion  occurred,  and  also  the  date  of  the  issue  of 
the  notices? 

A.  A  communication  in  order  to  receive  attention  should 
bear  the  signature  of  the  Secretary  and  the  seal  of  the  lodge. 
No  other  is  legal.  The  notice  should  have  the  date  of  the 
meeting,  and  also  the  date  of  the  issue  of  the  notices.  The 
By-laws  of  the  Grand  Lodge,  Article  4,  Section  34,  requires 
notices  to  be  transmitted  after  the  expiration  of  one  month, 
if  no  appeal  has  been  taken  to  the  Grand  Lodge,  and  it  is, 
therefore,  necessary  that  both  the  dates  should  appear  on 
the  notices,  that  other  lodges  may  see  that  the  law  has  been 
complied  with.      (1868.   Dec.    13.    Best,  G.  M.) 

162.  Q.  What  is  the  proper  course  for  the  Secretary 
to  pursue  in  case  the  member  suspended  or  expelled  does, 
or  does  not,  appeal  to  the  Grand  Lodge? 

A.  If  there  is  an  appeal  taken  to  the  G.  L.,  then  the 
notices  are  not  sent  out ;  but  if  no  appeal  be  asked  for,  at 
the  expiration  of  one  month,  the  Secretary  will  issue  the 
notices.  In  either  case  the  Secretary  will  make  out  a 
transcript  of  the  whole  proceedings  and  send  up  to  the  next 
succeeding  Grand  Lodge  (See  Art.  4,  Sec.  34,  By-laws  G.  L.) 
and  in  this  connection  we  publish  the  section  referred  to 
entire. 

"Whenever  a  lodge  shall  suspend  or  expel  a  brother, 
notice  of  the  same  shall,  after  the  expiration  of  one  month, 
be  transmitted  to  the  other  lodges  in  the  State,  and  to  the 
Grand  Secretary,  unless  the  party  so  suspended  or  expelled 
shall,  within  that  time,  have  appealed  to  the  Grand  Lodge, 
in  which  case  the  notice  shall  be  withheld  until  the  action  of 


DIGEST     OF    MASONIC     LAW.  4 1 

the  lodge  shall  have  been  confirmed.  And  when  the  Grand 
Lodge  shall  refuse  to  confirm  such  proceedings  by  reason  of 
any  technical  informality  or  irregularity  therein  (without 
reference  to  the  merits  of  the  case)  the  same  shall  be 
certified  to  the  lodge,  and  a  new  trial  shall  be  held.  When 
notice  of  the  suspension  or  expulsion  has  been  issued,  and 
the  brother  so  suspended  or  expelled  shall  be  subsequently 
reinstated,  notice  of  the  same  shall  be  given  to  all  the 
Subordinate  Lodges.  The  charges  and  proceedings  in  the 
case  shall,  indispensably,  be  sent  up  to  the  ensuing  Grand 
Lodge  for  final  action.       (1868.    Dec.    13.    Best,  G.  M.) 

163.  Q.  What  is  meant  by  "lawful  information," 
when  applied  to  visitors? 

A.  This  information  is  derived  from  a  personal 
knowledge,  which  can  only  be  obtained  from  "strict  trial 
and  due  examination,"  or  from  having  sat  in  a  regular  lodge 
of  Master  Masons  with  him.  Second,  from  the  declaration 
of  a  known  Master  Mason,  that  the  visitor  is  a  Master 
Mason.      (1868.    Dec.    13.    Best,  G.  M.) 

164.  Q.  Is  a  Mason  who  has  taken  the  Past  Master's 
degree  in  a  Royal  Arch  Chapter  known  in  the  Blue  Lodge 
as  a  P.  M.  ? 

A.  No.  Not  unless  he  has  been  regularly  installed 
Master  of  a  Blue  Lodge.  Past  Masters  are  of  two  classes, 
viz.  :     Actual  and  Virtual. 

Actual  Past  Masters  are  those  who  have  been  regularly 
installed  as  Masters  of  a  Blue  Lodge. 

Virtual  Past  Masters  are  those  who  have  received  the 
degrees  in  a  Chapter,  but  have  never  been  installed  as 
Master  of  a  Blue  Lodge.      (1868.   Dec.    14.   Best,  G.  M.) 

165.  Q.  Is  it  right  for  the  Master  of  a  lodge  to  per- 
mit a  petition  to  be  withdrawn  after  one  or  two  unfavor- 
able ballots  have  been  taken,  or  can  a  petition  be  with- 
drawn at  any  time  after  it  is  in  the  possession  of  the  lodge? 

A.     There  are  but  two  instances  only,  in  our  judgment, 
when  the  Master  may  permit  the  petition  to  be  withdrawn. 
1st,      If    the    petition    of    a    person  living   beyond   the 
6 


42  DIGKST     OK    MASONIC     LAW. 

jurisdiction  of  a  lodge  should  be  received,  and  the  lodge 
was  not  aware  that  the  applicant  was  not  in  her  jurisdiction, 
then  it  might  be  returned,  if  no  ballot  has  been  taken. 
(1868.    Dec.    14.    Best,  G.  M.) 

166.  Q.  Is  it  obligatory  upon  the  W.  M.  to  sign  the 
minutes  of  all  communications? 

A.  No.  The  minutes  should  be  read,  and  (if  necessary 
altered  or  amended)  approved  before  the  lodge  is  closed 
and  attested  by  the  Secretary.      (1868.    Dec.  14.  Best,  G.  M.) 

167.  Q.  A  man  petitions  a  lodge  for  the  Masonic 
degrees,  a  ballot  is  taken  and  he  is  declared  duly  elected.  Be- 
fore he  comes  forward  to  be  initiated,  a  personal  difficulty 
arises  between  him  and  a  Mason,  can  the  Mason  demand  a 
second  ballot,  and  stop  him  from  taking  the  degrees  on 
account  of  such  difficulty,  without  giving  reason  to  the 
lodge  for  so  doing? 

A.  A  ballot  can  be  had  at  any  time  and  a  candidate 
stopped  at  any  stage  of  the  proceedings  previous  to  the 
conferring  of  a  degree.  The  lodge  has  no  right  to  question 
a  member  for  exercising  the  right  of  ballot.  Among  the 
standing  resolutions  adopted  by  the  Grand  Lodge  of  North 
Carolina,  we  note  the  following: 

"That  upon  balloting  upon  a  petition,  the  applicant  is 
balloted  upon  to  be  a  Master  Mason.  It  is,  however,  proper, 
if  a  brother  shall  desire  it,  to  demand  a  second  ballot  upon 
his  application  for  passing  or  raising."  (1868.  Dec.  14. 
Best,  G.  M.) 

168.  Q.  In  the  above  case,  may  not  the  lodge  demand 
the  reason,  and  decide  whether  it  is  valid? 

A.  No.  No  one  has  a  right  to  know  how  another  has 
cast  his  ballot,  if  he  has,  it  is  not  secret.  The  Old  Regula- 
tions of  1 77 1  says: 

"But  no  man  can  be  entered  a  brother  in  any  particular 
lodge,  or  admitted  a  member  thereof,  without  the  unani- 
mous consent  of  all  the  members.  ******  ^OT  js  ^g 
inherent  privilege  subject  to  a  dispensation,  because  the 
members  of  a  particular  lodge  are  the  best  judges  of  it,  and 


DIGEST     OF     MASONIC    LAW.  43 

if  a  factious  member  should  be  imposed  on  them,  it  might 
spoil  their  harmony,  or  hinder  their  freedom ;  or  even  break 
and  disperse  the  lodge,  which  ought  to  be  avoided  by  all 
good  and  true  brethren."     (1868.  Dec.  15.  Best,  G.  M.) 

169.  Q.  In  such  a  case  may  not  the  lodge  turn  the 
whole  matter  over  to  a  sister  lodge  to  decide  as  it  seems 
best? 

A.  No.  If  the  ballot  is  demanded  and  the  applicant 
rejected  in  the  case  mentioned  above,  then  the  matter 
drops.  Each  lodge  has  the  sole  right  to  determine  whom  it 
will  admit  as  members,  and  no  other  lodge  can  decide  this 
question  for  it.      (1868.    Dec.    15.    Best,  G.  M.) 

170.  Resolved,  That  the  making  or  using  of  any  letter  or 
cypher  to  the  true  Masonic  work  and  mysteries  is  not 
authorized  by  the  ancient  customs  of  the  Order,  is  contrary 
to  the  principles  and  teachings,  and  can  not,  therefore,  be 
sanctioned  by  this  Grand  Lodge. 

Resolved,  That  the  true  Masonic  mysteries  should  be 
taught  and  handed  down  by  oral  teaching  alone,  as  has  been 
done  from  remote  ages,  and  that  any  departure  from  this 
principle  is  fraught  with  danger  to  the  Institution.  (1868. 
Rep.    29.) 

171.      R Lodge   indefinitely  suspended    Brother 

P.,  upon  the  charge  of  Brother  A.  that  said  P.  .did,  without 
the  knowledge  or  consent  of  a  certain  person  (a  lady)  use 
her  name  for  the  purpose  of  making  a  fraudulent  conveyance 
of  his  property,  to  the  injury  of  a  brother  Mason,  etc.  The 
Committee,  from  the  papers  submitted  to  them  in  the  case, 
are  at  a  loss  to  perceive  how  such  a  harsh  punishment  could 
have  been  inflicted  upon  the  allegation  and  proofs.  How 
any  human  being,  of  ordinary  capacity, could  have  been  fooled 
or  cheated,  by  the  fraudulent  use  of  a  lady's  name,  we  fail  to 
see ;  much  less  do  we  fail  to  perceive  how  the  swindle  was 
perpetrated,  from  the  papers  and  proofs  before  us. 

If  the  papers  laid  before  us  are  designed  to  be  a  true 

record  of  what  occurred  in  the  trial  of  Brother  P.  in  R 

Lodge,  then  we  have  no  earthly  hesitation  in  saying  that 


44  DIGEST    OF     MASONIC     LAW. 

they  are  wholly  informal  and  ought  not  to  be  respected  or 
entertained  for  a  moment  by  this  Grand  Body.  (1868. 
Rep.   31.) 

172.  Resolved,  That  profanity  and  drunkenness  are 
among  the  highest  Masonic  crimes. 

Resolved,  That  Subordinate  Lodges  in  this  Jurisdiction 
are  directed  to  vindicate  the  law  in  relation  thereto.  (1868. 
Res.    64.) 

I73-  Q-  What  relation  does  the  daughter  of  an 
expelled  Mason  sustain  to  the  Order? 

A.  Her  Masonic  rights  are  lost  with  her  father's. 
(1869.   Dec.   9.   Vance,  G.  M.) 

174.  Q.  Can  a  brother  be  excluded  by  the  effect  of  a 
By-law  without  notice? 

A.  He  can  not;  notice  must  be  given  to  a  brother  in 
arrears  to  appear  and  show  cause.  (1869.  Dec.  10. 
Vance,  G.  M.) 

I75-      Q-      Can  an  officer  be  installed  if  absent? 
A.      It    is    customary,    and    may    be    done    by    proxy. 
(1869.    Dec.    10.   Vance,  G.  M.) 

176.  Q.  Is  it  as  improper  to  disclose  the  ballot  upon 
a  dimit  as  though  upon  a  petition  of  a  profane;  and  is  it  a 
breach  of  Masonic  privilege  to  so  divulge  a  ballot? 

A.  Undoubtedly;  both  points  are  Uiimasomc,  and 
equally  so.      (1869.    Dec.    10.   Vance,  G.  M.) 

177.  Q.  Must  a  Subordinate  Lodge  receive  a  notice 
of  expulsion,    without  a  legal  seal? 

A.  Yes,  if  the  Secretary  certifies  that  the  lodge  has  no 
seal.      (1869.   Dec.    10.   Vance,   G.    M.) 

178.  Q.  When  a  Deputy  Custodian  gives  a  brother  a 
certificate,  and  the  Grand  Master  commissions  as  Grand 
Lecturer,  how  long  is  the  commission  in  force? 

A.  One  year  has  been  the  general  period.  (1S69.  Dec. 
10.  Vance,  G.  M.) 

179.  Q.  Can  a  Deputy  Custodian  order  a  ballot  and 
confer  the  degrees  out  of  the  regular  course? 


DIGEST    OF     MASONIC     LAW.  45 

A.  He  can  not;  he  may  exemplify  the  work  by  a  sub- 
stitute.     (1869.   Dec.    10.   Vance,  G.  M.) 

180.  Q.  Can  a  man  be  made  a  Mason  who  has  lost  an 
arm  or  a  leg"? 

A.  According  to  the  decision  of  the  Grand  Lodge  he 
can  not.      (1869.   Dec.    10.   Vance,  G.  M.) 

181.  Q.  Does  "exclusion"  from  a  particular  lodge 
impair  the  standing  of  a  brother  with  the  Fraternity  at 
large? 

A.  It  does  not;  it  leaves  him  a  "non-affiliated  Mason. " 
(1869.    Dec.    10.   Vance,   G.    M.) 

182.  Q.  Does  a  lodge  receiving  a  duplicate  charter 
(the  original  being  destroyed)  retain  its  old  members? 

A.-  Undoubtedly  so;  it  is  not  a  lodge  U.  D.  (1869. 
Dec.    10.   Vance,  G.  M.) 

183.  Q.  Does  the  dispensation  of  the  Grand  Master 
for  a  new  lodge  necessarily  transfer  the  membership  of  the 
petitioners? 

A.  It  does  not;  they  must  dimit  when  the  charter  is 
granted.     (1869.    Dec.    10.   Vance,  G.  M.) 

184.  Q.  Can  a  brother  "sign"  the  By-laws  through  an 
attorney  duly  authorized? 

A.  A  brother  in  good  standing  with  the  Craft,  being 
elected  to  membership,  and  unavoidably  absent,  may  give 
another  brother  a  power  of  attorney  to  sign  for  him. 

This  was  referred  to  the  Committee  on  Jurisprudence, 
who  reversed  the  same,  stating  as  follows:  The  only 
question  of  material  importance  submitted  for  our  decision 
was  one  from  Wm.  G.  Hill  Lodge  No.  218,  as  follows: 
Where  a  dimitted  Mason  has  petitioned  in  regular  form  for 
membership,  and  been  received,  but  who  left  the  State 
before  signing  the  By-laws  of  the  lodge,  can  he  empower 
another  brother,  by  power  of  attorney,  to  sign  the  By-laws 
for  him?  Our  decision  was  that  he  could  not — that  the 
signing  of  the  By-laws  of  a  lodge  was  an  act  that  must  be 


46  DIGEST     OF    MASONIC     LAW. 

performed  in  person,  and  that  the  power  to  do  so  could  not 
be  delegated  by  one  brother  to  another.  (1869.  Dec.  10. 
Vance,  G.  M.) 

185.  Q.  Is  it  Masonic  to  hold  balls  (dancing  parties) 
in  the  lodge  hall,  or  to  play  cards  therein? 

A.  Dancing  and  card  playing  are  not  taught  in  the 
ritual  or  landmarks.  They  had  better  be  practiced  else- 
where, if  at  all.      (1869.    Dec.    10.   Vance,  G.  M.) 

186.  Q.  Can  an  officer  in  a  chartered  lodge  hold  office 
in  a  lodge  U.  D.  ? 

A.  He  may  until  the  charter  is  issued.  (1869.  Dec. 
10.   Vance,   G.    M.) 

187.  Q.  A  difficulty  exists  between  two  brothers — one 
is  expelled;  can  the  other  be  tried? 

A.      Yes.      (1869.    Dec.    10.   Vance,  G.  M.) 

188.  Q.  Can  a  member  be  expelled  for  non-payment 
of  dues? 

A.  He  can  not  justly  or  lawfully.  (1869.  Dec.  10. 
Vance,  G.  M.) 

189.  Q.  Has  a  lodge  the  right  to  remit  dues  for 
cause,  say  poverty  or  distress? 

A.  It  has;  there  is  no  By-law  forbidding  it.  (1869. 
Dec.    11.   Vance,  G.  M.) 

190.  Q.  Can  a  lodge  proceed  to  the  trial  of  a  member 
guilty  of  gross  Unmasonic  conduct,  whose  address  is 
unknown? 

A.  The  charge  and  specifications  must  be  served  upon 
the  accused,  either  in  person  or  by  mail;  if  his  address  is 
known;  if  not,  proceed  ex  parte.  (1869.  Dec.  11.  Vance, 
G.  M.) 

191.  Q.  Can  an  installed  officer  relinquish  or  resign 
his  office  before  his  successor  is  installed? 

A.      He  can  not.      (1869.    Dec.    11.   Vance,  G.  M.) 

192.  Q.  Can  a  petition  for  membership,  or  for  the 
degrees,  be  withdrawn? 


DIGEST    OF     MASONIC     LAW.  47 

A.  Only  by  consent.  It  is  the  property  of  the  lodge. 
(1869.    Dec.    11.   Vance,  G.  M.) 

193.  Q.  How  long  does  a  rejected  petitioner  have  to 
wait  before  applying  again? 

A.     Twelve  months.      (1869.  Dec.    n.  Vance,  G.  M.) 

194.  Q.  How  often  can  a  non-affiliated  Mason  visit  a 
lodge? 

A.  Only  once,  as  provided  for  in  the  resolution  of 
the  Grand  Lodge  of  1862.      (1869.  Dec.  11.  Vance,  G.  M.) 

195.  Q.  A  brother  acts  as  agent  for  a  Mason's  widow  ; 
collects  money  of  hers;  does  not  pay  over;  sends  her  a 
bankrupt  notice  as  one  of  his  creditors;  is  it  a  Masonic 
crime? 

A.  It  certainly  is,  and  deserves  speedy  punishment. 
(1869.   Dec.    11.  Vance,  G.  M.) 

196.  Q.  What  shall  be  done  with  a  lodge  that  has 
worked  up  the  material  of  another  and  refuses  to  pay  over 
the  fees? 

A.  Inform  the  Grand  Master,  and  if,  after  he  has 
reminded  them  of  their  duty,  the  brethren  still  refuse,  let 
their  charter   be  arrested.      (1869.    Dec.    11.   Vance,  G.  M.) 

197.  Q.     How  shall  an  expelled  Mason  be  restored? 
A.      By   petition   and    a  clear   ballot.      (1869.    Dec.    11. 

Vance,  G.  M.) 

198.  Q.  Is  drunkenness-  or  profanity  a  sufficient  rea- 
son for  a  blackball? 

A.      Either  is  sufficient.      (1869.  Dec.  11.   Vance,  G.  M.) 

199.  Last  year,  information  was  given  to  this  body  of 
a  clandestine  body  of  men  within  the  jurisdiction  of  the 
Grand  Lodge  of  Louisiana,  styling  themselves  "Scottish 
Rite  Masons."  Later  intelligence  brings  us  tidings  that  this 
spurious  body  has  been  recognized  by  the  Grand  Orient  of 
France,  contrary  to  all  law  and  usage.  The  Grand  Lodge 
of  North  Carolina  should  at  once  sever  all  fraternal  relation 
between  the  two,  until  the  Grand  Orient  ceases  to  counten- 


4<S  DIGEST    OF    MASONIC     LAW. 

ance- clandestine    and  spurious    Masonry.      (1869.    Dee.    13. 
Vance,  G.  M.) 

200.  Action  of  P —  -  Lodge  in  the  case  of  L.  was 
disapproved  for  the  reason  that  it  does  not  appear  that  the 
brother  was  regularly  served  with  a  summons  to  appearand 
answer  the  charges  preferred  against  him,  and  Committee 
recommend  that  a  new  trial  be  granted  him,  and  that  the 

papers    be    returned  to    P Lodge    for    that    purpose. 

(1869.    Rep.   31.) 

201.  Resolved,  1st,  That  this  Grand  Lodge  can  not, 
hereafter,  recognize  any  other  mode  of  making  Masons 
than  the  one  sanctioned  by  the  immemorial  usage  of  the 
Craft,  namely:  "In  a  regular  lodge,  after  previous  notice 
and  due  inquiry  into  character. " 

2nd,  That  this  Grand  Lodge  can  not,  and  does  not, 
recognize  any  inherent  right  or  power,  or  prerogative  in 
Grand  Masters,  to  make  Masons  at  sight  or  will,  out  of  a 
regular  lodge;  and  must  regard  the  exercise  of  such  power 
not  only  as  arbitrary,  but  in  violation  of  the  plain  and 
unmistakable  provisions  of  the  ancient  charges  and  Consti- 
tutions of  Masonry. 

3rd,  That  these  makings  by  Grand  Masters,  heretofore, 
are  hereby  declared  legal,  and  the  Masons  so  made  entitled 
to  all  the  rights  and  privileges  of  the  Craft.      (1869.  Res.  34.) 

202.  Resolved,  That  the  Master  and  Wardens  of  any 
Subordinate  Lodge  that  shall  fail  to  take  action  against 
the  members  for  disobedience  of  summons,  are  guilty  of  a 
grave  misdemeanor;  and  any  failure  in  this  matter  shall  be 
considered  sufficient  cause  for  arrest  of  charter.  (1869. 
Res.   49.) 

203.  Resolved,  That  a  written  or  printed  notice,  by 
order  of  the  Worshipful  Master,  signed  by  the  Secretary 
and  attested  by  the  seal  of  the  lodge,  shall  be  considered  a 
legal  notice.      (1869.    Res.   49.) 

204.  In  the  matter  of  the  Grand  Orient  of  France, 
your  Committee  recommend  that  the  Grand  Lodge  approve 


DIGEST    OF      MASONIC     LAW.  49 

the  action  of  the  Grand  Lodge  of  France,  and  take  similar 
steps.  The  action  of  the  Grand  Lodge  of  Louisiana  is  con- 
tained in  the  following  resolution: 

Resolved,  That  all  Masonic  correspondence  and  fra- 
ternal relations  between  the  Grand  Lodge  of  Louisiana  and 
the  Grand  Orient  of  France  cease  and  be  discontinued,  and 
no  Mason  owing  allegiance  to  that  Grand  Body  is  recognized 
as  such  in  this  Jurisdiction. 

Resolved,  That  a  duly  authenticated  copy  of  the  above 
report  and  resolution  be  transmitted  to  the  Grand  Orient  of 
France,  and  to  all  regularly  constituted  American  and 
European  Grand  Lodges.      (1869.    Rep.'  cxvii,  cxxv.) 

205.  Where  two  lodges  agree  upon  an  arbitrary  line 
marking  the  territorial  jurisdiction  of  each  lodge,  the  Grand 
Lodge  will  approve  the  same.      (1870.    Rep.    34.) 

206.  The  Committee  to  whom  were  referred  certain 
claims  mentioned  in  the  report  of  the  directors  of  St.  John's 
College,  beg  leave  to  submit  that,  from  the  best  informa- 
tion they  have  been  able  to  get,  they  do  not  think  this 
Grand  Lodge  is  legally  liable  for  any  of  said  debts,  and 
they  think  this  Grand  Lodge  should  be  careful  how  it 
assumes  the  payment  of  debts  upon  moral  or  charitable 
grounds.  Each  debt  thus  claimed  should  be  canvassed  and 
settled  on  its  own  merits— and  none  of  them  have  been  can- 
vassed before  us.      (1870.    Rep.    36.) 

207.  Q.  Can  a  Mason  be  a  member  of  a  lodge  in 
Virginia,  or  any  other  State,  and  in  North  Carolina  at  the 
same  time? 

A.  He  can  not.  See  Section  24,  Article  4,  By-laws  of 
this  Grand  Lodge.  The  Committee  are  unanimously  of  the 
opinion  that  a  lodge  U.  D.  is  a  lodge  within  the  meaning  of 
Section  24,  above  referred  to.      (1870.    Rep.    37.) 

208.  Your  Committee  recommend  that  the  Grand 
Master  be  requested  not  to  grant  a  dispensation  to  open  any 
new  lodge  hereafter,  unless  the  application  is  accompanied 
by  the  dimits  of  at  least  seven  Master  Masons.  (1870. 
Rep.   38.) 


50  DIGEST    OF     MASONIC     LAW. 

209.  (J.  A  borrows  money  from  B.  B  calls  upon  A 
for  a  return  of  the  money.  A  refuses  and  publicly  abuses 
B,  who  prefers  charges,  and  A  is  acquitted.  Can  B  appeal 
to  the  Grand  Lodge? 

A.  The  Ancient  Charges  say:  "And  if  any  of  them 
(brethren)  do  you  injury,  you  must  apply  to  your  own  or 
his  lodge;  and  from  thence  you  may  appeal  to  the  Grand 
Lodge  at  the  Quarterly  Communication,  and  from  thence  to 
the  Annual  Grand  Lodge,  as  has  been  the  ancient  laudable 
conduct  of  our  forefathers  in  every  nation."  (1870.  Dec. 
iii.    Vance,  G.  M.) 

210.  Q.  Can  a  lodge  confer  the  degrees  upon  a  man 
who  can  not  speak  or  understand  the  English  language? 

A.  It  may  be  done  through  an  interpreter,  but  due 
caution  should  be  had  in  such  cases.  (1870.  Dec.  iii. 
Vance,  G.  M.) 

2ii.  Q.  Whose  duty  is  it  to  notify  a  brother  when 
charges  are  preferred  against  him? 

A.  It  is  the  duty  of  the  Secretary,  who  should  attach 
the  seal  of  the  lodge.      (1870.    Dec.   iii.   Vance,   G.    M.) 

212.  Q.      What  rules  govern  the  removal  of  a  lodge? 
A.      1,      Notice  must  be  given  in   the  presence  of  the 

Master.  2,  Summons  all  the  members  and  fix  a  day.  3, 
The  majority  rules  if  the  Master  concurs.  4,  If  the  Master 
does  not  concur,  it  requires  two-thirds  of  the  lodge;  and,  5, 
the  Grand  Master's  approval.  (1870.  Dec.  iii.  Vance,  G.  M.) 

213.  Q.  On  funeral  occasions,  when  a  number  of 
brethren  are  present  in  a  Master's  Lodge,  clothed  as  Royal 
Arch  Masons,  must  the  Secretary  record  their  names? 

A.  He  must,  or  the  record  is  faulty.  (1870.  Dec.  iii. 
Vance,  G.  M.) 

214.  Q.  At  a  special  meeting  a  brother  is  suspended 
for  six  months,  can  a  motion  to  reconsider  be  properly  had 
at  the  next  meeting? 

A.  It  can  not  unless  made  by  one  who  voted  affirma- 
tively, and  all  the  members  present  who  were  there  at  the 
time  of  trial.      (1870.    Dec.   iii.   Vance,  G.  M.) 


DIGEST     OF     MASONIC     LAW.  5 1 

215.  Q.  What  is  meant  by  "Mock  Masonic  burials," 
as  forbidden  by  the  Grand  Lodge? 

A.  Mock  Masonic  funerals,  as  disapproved  of,  are  in 
cases  where  the  deceased  has  already  been  buried  otherwise. 
Lodges  of  SorrowT  are  not  condemned.  (1870.  Dec.  iii. 
Vance,  G.  M.) 

216.  Q.  Is  the  Master's  summons,  at  a  regular  meet- 
ing, a  legal  notice? 

A.      It  is.     (1870.   Dec.   iii.   Vance,  G.  M.) 

217.  Q.  Can  a  lodge  receive  a  petition  from  a  party 
who  has  not  resided  in  is  jurisdiction  twelve  months? 

A.      No.      (1870.    Dec.   iv.   Vance,  G.  M.) 

218.  Q.  Can  a  lodge  admit  a  strange  visitor  without 
requiring  him  to  take  the  Tiler's  O.  B.  ? 

A.     Certainly  not.      (1870.    Dec.   iv.   Vance,  G.  M.) 

219.  Q.  How  shall  the  jurisdiction  of  lodges  be  deter- 
mined? 

A.      By  an  air  line.      (1870.    Dec.    iv.   Vance,  G.  M.) 

220.  Q.  When  an  appeal  is  prayed  from  a  Subordi- 
nate Lodge  must  the  grounds  be  stated  in  writing? 

A.  Yes.  See  By-laws  of  Grand  Lodge.  (1870.  Dec. 
iv.   Vance,  G.  M.) 

221.  Q.  Has  every  Mason  in  good  standing  an  inher- 
ent right  of  visitation? 

A.  He  has,  according  to  Landmark  No.  14.  (1870. 
Dec.   ii.   Vance,  G.  M.) 

222.  Q.  Has  a  brother  of  a  lodge  an  unqualified  right 
to  object  to  the  admission  of  a  visiting  brother? 

A.  He  has,  in  order  to  preserve  harmony.  (1870,  Dec. 
ii.    Vance,  G  M.) 

223.  Q.      Must  the  objecting  brother  give  his  reasons?1 
A.      The  Worshipful   Master  has  the   right  to  the  rea- 
sons, that  he  may  judge  of  their  propriety.      (1870.    Dec.    iii. 
Vance,  G.  M.) 

224.  Q.  Is  it  the  duty  of  the  lodge  to  prefer  charges 
against  a  visiting  brother  who  is  objected  to? 


52  DIGEST     OF      MASONIC      LAW. 

A.  Charges  should  be  made.  If  the  visitor  is  worthy 
let  him  establish  the  fact,  if  unworthy  it  should  be  known 
to  the  Fraternity.      (1870.    Dec.   iii.   Vance,  G.  M.) 

225.  Committee  on  Jurisprudence  beg  leave  to  report 
that  they  differ  with  the  M.  W.  Grand  Master  in  his  answer 

to  the  question,  "Has  a  Mason  in  good  standing  the  right 
to  visit  any  lodge?"  They  decide  that  he  has  no  such  right; 
he  has  the  right  to  ask  to  be  allowed  to  visit,  and  the  lodge 
may  grant  it  or  not,  and  he  can  not  be  admitted  if  one 
brother  objects.      (1870.    Rep.   47.) 

226.  The  fact  is,  the  moral  law  is  the  Masonic  law;  and 
he  who  violates  the  one  violates  the  other.  Hence,  the 
most  eminent  Masonic  jurists,  submitting  themselves  to 
the  guidance  of  the  Masonic  Ritual  and  Charges,  assert, 
without  hesitation  or  compromise,  that  every  transgression 
of  the  moral  law  is  an  offense  against  the  Masonic  law. 
And,  therefore,  the  Grand  Lodge  of  North  Carolina,  with 
a  fidelity  to  the  laws  and  principles  of  the  Institution  that 
should  provoke  emulation  in  all  other  jurisdictions,  declares 
that  profanity  and  drunkenness,  being  among  the  most 
flagrant  violations  of  the  moral  law,  are  among  the  highest 
Masonic  crimes.      (1871.    Dec.    9.   Clark,  G.  M.) 

227.  Transcript  of  proceedings  in  Masonic  trials  should 
show  by  name  that  a  requisite  number  of  officers  and 
brethren  were  assembled,  and  also  that  the  accused  was 
served  with  the  ten  days'  notice  as  prescribed.  (1871. 
Rep.   37.) 

22S.  Transcript  containing  neither  charges  nor  speci- 
fications is  incomplete,  and  will  be  remanded  for  correction. 
(1871.    Rep.   37.) 

229.  Transcript  not  containing  evidence  will  be 
remanded  for  correction.      (1871.    Rep.    36.) 

230.  Transcripts  in  cases  of  expulsions  must  show  that 
two-thirds  of  those  present  voted  for  expulsion.  (187 1. 
Rep.   37.) 


DIGEST     OF     MASONIC    LAW.  53 

231.  Resolved,  That  all  Subordinate  Lodges  in  this 
Grand  Jurisdiction  be  allowed  the  privilege  of  enacting  such 
additional  By-laws  to  the  Code  adopted  by  this  Grand 
Lodge  as  may  be  deemed  proper  by  such  lodge.  Provided, 
That  such  additions  do  not  conflict  with  the  Ancient  Regu- 
lations, Charges  and  Constitutions  of  Masonry. 

Resolved,  That  all  such  By-laws  shall  be  submitted  to 
this  Grand  Lodge  for  approval,  and  such  amendments  shall 
be  inoperative  until  so  approved.      (1S71.    Res.   39.) 

232.  Resolved,  That  whenever  a  dispensation  is  granted 
by  the  Grand  Master,  for  the  formation  of  a  new  lodge,  the 
Masons  to  whom  such  dispensation  is  granted  become  mem- 
bers of  such  new  lodge,  and  that  their  membership  ceases 
in  the  lodges  in  which  they  were  formerly  members, 
wmether  the)'  have  been  regularly  dimitted  or  not.  (187 1. 
Res.   42.) 

233.  Grand  Lodge  may,  where  evidence  does  not  sup- 
port finding,  reverse  judgment  of  Subordinate  Lodge. 
(1871.    Rep.    51.) 

234.  In    the    appeal    of ,   your    Committee    find 

that  the  accused  offered  in  the  Subordinate  Lodge  to  file 
his  answer  to  the  charges,  and  to  verify  the  same,  which 
was  refused  by  the  lodge.  Your  Committee  are  of  the 
opinion  he  had  a  right  to  file  his  answer,  and  the  refusal  of 
it  was  wrong.      (187 1.    Rep.    51.) 

235.  In  the  appeal  of ,  the  Committee    find  the 

ground  of  the  appeal  by  the  appellant,  who  is  prosecutor, 
to  be  (1)  too  much  sympathy  for  the  accused,  and  (2)  too 
much  prejudice  against  him,  both  of  which  grounds  we  hold 
untenable.      (187 1.    Rep.    51.) 

236.  Resolved,  That  hereafter  no  number  of  brethren 
who  apply  for  a  dispensation  to  form  a  lodge,  or  who  apply 
for  a  charter  after  having  worked  under  dispensation,  shall 
name  their  respective  lodge  or  lodges  after  the  name  of  any 
living  man,  profane  or  brother,  to  the  end  that  Masonry 
may  not  be  brought  into  reproach  by  perpetuating  the  name 
of  an  unworthy  man  or  Mason.      (187 1.    Res.    54.) 


54  DIGEST    OF     MASONIC     LAW. 

237.  It  is  error  for  a  lodge  to  make  a  joint  charge 
against  several  brethren  for  an  individual  and  not  joint 
offense.  [In  this  case  several  were  jointly  charged  with 
disobeying  a  summons.  ]     (187  1.    Rep.   55.) 

238.  Reso/ved,  That  Subordinate  Lodges  be  urged  to 
vigilance  in  the  suppression  and  prevention  of  profanity 
and  drunkenness,  and  that  after  admonition  and  due  warn- 
ing, if  the  perpetrators  of  these  vices  and  crimes  against 
the  moral  law  still  persist  in  their  committal,  then  it  is  the 
duty  of  Subordinate  Lodges  to  deal  with  such  offending 
members,  and  inflict  such  punishment  as  the  magnitude  of 
the  offense  demands,  but  the  officers  are  required  to  pro- 
ceed in  this  respect  with  great  caution  and  circumspection. 
(1871.    Rep.   57.) 

239.  What  vote  is  necessary  to  reinstate  an  indefinitely 
suspended  Mason?  Suspensions  are  definite  and  indefinite. 
A  majority  can  inflict  either,  and  have  the  right  to  fix  the 
time  instanter,  or  leave  it  to  be  fixed  at  some  future  period. 
If  a  majority,  then,  has  full  power  over  the  question  of  time 
permanently,  and  can  fix  it  instanter,  or  leave  it  to  be  fixed 
at  some  future  period,  can  any  possible  reason  be  given 
why,  when  that  period  arrives,  it  can  not  fix  it  then.  The 
circumstances  being  the  same,  it  does  seem  that  the  same 
power  can  accomplish  next  week  what  it  can  accomplish 
today.  Besides,  I  am  not  disposed  to  conclude  there  is  no 
difference,  save  in  name,  between  indefinite  suspension  and 
expulsion,  which  would  be  the  case  if  an  unanimous  vote 
was  necessary  to  restoration.  Does  it  require  an  equal 
power  to  restore  suspended  animation  and  to  bring  the 
dead  to  life?  For  these  reasons,  briefly  stated,  I  gave  the 
opinion  that,  under  existing  law,  which  clothes  a  majority 
with  power  to  suspend,  a  majority  may  reinstate.  (1872. 
Dec.   211.   Clark,  G.  M.) 

240.  Resolved,  That  a  vote  of  two-thirds  of  the  mem- 
bers present  is  necessary  to  restore  a  suspended  member  to 
the  rights  and  benefits  of  Masonry. 

Resolved,   That  a    unanimous    vote    of    the    members 


DIGEST     OF     MASONIC     LAW.  55 

present    is    necessary    to    reinstate    a  suspended    Mason   to 
membership.      (1872.    Rep.    229.) 

241.  By-laws  of  a  Subordinate  Lodge  can  not  have 
provision  inflicting  fines  for  non-attendance.  (1872.  Rep. 
237-) 

242.  That  a  delegate  to  the  Grand  Lodge  appointing 
another  delegate  his  proxy  must  do  so  in  writing;  that  a 
mere  verbal  appointment,  or  request,  to  act  as  such  proxy, 
was  not  valid,  and  that  the  party  requested  to  act  as  such 
proxy  was  not  entitled  to  cast  the  vote  of  the  delegate  making 
the  verbal  appointment.      (1872.    Dec.  240.    Nichols,  G.  M.) 

243.  Resolved,  That  suspension  does  not  deprive  a 
Mason  of  membership  in  his  lodge. 

Resolved,  That  a  majority  vote  is  sufficient  to  restore  a 
suspended  Mason  to  the  rights  and  benefits  of  Masonry. 
(1872.    Res.    243.) 

244.  In  the  case  of  P,  from  C Lodge,  the  tran- 
script is  fatally  defective,  in  that  no  charges  or  specifica- 
tions appear  on  the  record  of  the  Subordinate  Lodge ;  and 
that  it  does  not  appear  that  the  said  P  was  notified  to  attend 
when  depositions  affecting  his  case  were  taken,  in  order 
that  he  might  cross-examine  the  witnesses,  an  informality 
affecting  one  of  the  most  sacred  rights  of  a  Mason,  that  of 
impartial  trial.      (1872.    Rep.    249.) 

245.  In  the  case  of  K,  the  transcript  does  not  show  the 
specifications;  does  not  show  that  defendant  had  been 
served  with  legal  notice.  Visitors  were  allowed  at  the  trial, 
which  should  not  have  been.      (1872.    Rep.    249.) 

246.  Masonry  in  this  State  is  amply  protected  against 
the  imposition  of  non-affiliated  Masons  by  Standing  Resolu 
tion  No.  77,  which  provides  that  "any  Mason  who  does 
not  contribute  to  the  funds,  or  belong  to  some  lodge,  is  not 
entitled  to  visit  a  lodge  while  he  remains  non-affiliated,  or 
to  join  in  procession;  or  to  relief;  or  Masonic  assistance  or 
burial." 


5  )  DIGES  r    of     masonic    LAW. 

I  fully  accord  in  the  sentiment  and  admonition  con- 
tained, in  the  Ancient  Charges,  that  "every  Mason  ought  to 
be  a  member  of  a  lodge,"  yet  each  individual  should  be  left 
free  to  determine  that  for  himself;  as  the  Ancient  Charge  is 
admonitory  not  mandatory,  yet  it  lays  down  no  rule  by 
which  a  member  of  a  lodge  may  be  eompelled  to  remain,  or 
any  one  who  is  not  a  member  be  compelled  to  join,  against 
his  will;  nor  does  the  Ancient  Charge  impose  any  penalty  to 
enforce  the  one  or  the  other,  but  it  is  left  to  each  Mason  to 
determine,  in  view  of  the  obligation  resting  upon  him. 
([873     Dec.    12.    Nichols,  G.  M.) 

247.  The  ancient  law  says:  "No  brother  can  be  a 
Warden  until  he  has  passed  the  part  of  a  Fellow  Craft,  nor 
a  Master  until  he  has  acted  as  Warden."  Art.  2,  Sec.  7,  of 
the  Constitution  of  this  Grand  Lodge  says:  "The  Grand 
Master  enjoys  all  the  powers  and  prerogatives  conferred  by 
the  Ancient  Constitutions  and  usages  of  the  Craft.  *  *  *  * 
He  may  also  grant  dispensations  on  all  proper  occasions, 
and  do  all  such  other  acts  and  deeds  as  are  warranted  or 
required  of  him  by  the  Regulations  and  ancient  usages  of  tlu 
Fraternity.''' 

It  is  evident,  therefore,  that  it  was  not  proper  to  grant 
the  dispensation  asked  for,  namely,  to  legalize  the  election 
of  a  brother  as  a  Master  who  had  not  served  as  a  Warden. 
(1873.    Dec.    14.    Nichols,  G.  M.) 

248.  One  of  the  perplexing  questions  in  this  Juris- 
diction is  the  status  of  Masons  dismembered  for  the  non- 
payment of  dues,  and  how  one  so  dismembered  can  regain 
his  standing  in  the  lodge?  The  right  to  dismember  is 
clearly  given  the  Subordinate  Lodge  in  Art.  4,  Sec.  35,  of 
the  By-laws  of  the  Grand  Lodge,  which  says:  "That  no 
lodge  can  rightfully  suspend  or  expel  a  Mason  for  disregard 
of  any  special  regulations,  conditioned  on  membership  — 
such  as  the  non-payment  of  dues,  arrears,  etc.,  the  severest 
penalty  for  which  is  dismembership. "  When  a  Mason 
becomes  a  member  of  a  particular  lodge  he  enters  into  a 
contract  with  the  lodge,  and   that    contract  is   its  By-laws, 


DIGEST     OK     MASONIC     LAW.  57 

which  he  is  required  to  sign.  The  Grand  Lodge  having 
made  no  provision  for  the  regaining  of  membership  by  one 
who  has  been  dismembered  for  the  non-payment  of  dues, 
evidently  intended  to  leave  the  question  to  the  Subordinate 
Lodges  themselves.  Each  Subordinate  determines  the 
amount  of  dues  to  be  charged  its  members,  the  terms  of 
payment,  etc.,  and,  according  to  the  law  above  referred  to, 
clearly  has  the  right  to  inflict  any  punishment  on  its  mem- 
bers for  a  non-compliance  with  its  regulations,  provided  it 
be  not  severer  than  that  allowed  by  the  Grand  Lodge. 

I  have,  therefore,  decided  in  the  several  cases  submitted 
for  an  opinion,  that  a  Mason  dismembered  for  the  non-pay- 
ment of  dues  can  regain  his  membership  only  in  the  way  and 
manner  prescribed  in  the  recognized  By-laws  of  the  lodge 
dismembering.      (1873.    Dec.    14.    Nichols,  G.  M.) 

249.  Have  lodges  U.  D.  territorial  jurisdiction?  A 
case  involving  this  question  was  submitted  for  my  decision 
during  the  year.  I  decided  it  in  the  negative,  for  the  fol- 
lowing reasons:  The  Grand  Lodge  holds  and  exercises 
jurisdiction  over  the  entire  State,  and  I  gave  it  as  my 
opinion  that  it  alone  could  sub-divide  that  territory.  Dis- 
pensations are  obtained  as  follows:  Seven  or  more  Master 
Masons  wish  to  form  a  new  lodge.  They  make  that  fact 
known  to  the  nearest  chartered  lodge,  and  ask  that  lodge  to 
recommend  them  to  the  Grand  Master  as  persons  suitable 
and  in  every  way  qualified  to  rule  and  govern  a  new  lodge. 
The  chartered  lodge  gives  the  recommendation,  and  on  that 
the  Grand  Master  issues  them  a  warrant,  authorizing  them 
to  initiate,  pass  and  raise,  but  such  a  lodge  possesses  no 
powers  except  those  specially  delegated  by  the  Grand 
Master.  A  lodge  U.  D.  can  not  try  or  discipline  the 
Masons  composing  it,  nor  those  living  nearer  it  than  to 
another  lodge.  It  can  not  frame  By-laws,  and  can  not 
affiliate  Masons.  These  prerogatives  belong  only  to  char- 
tered lodges. 

It  is  required  that  each  lodge  U.  D.  shall  send  up  a 
specimen  of   its  skill  to  the  Grand    Lodge,  and,  if  the  work 


58  DIGEST    OF    MASONIC     LAW. 

is  approved,  a  charter  is  granted  by  that  bod)-,  and  then 
takes  the  position  as  a  lodge  with  powers  and  privileges 
equal  to  those  of  any  other  lodge  in  the  Jurisdiction. 

The  question  recurs:  If  a  lodge  U.  D.  does  not  possess 
territorial  jurisdiction,  where  is  it  to  obtain  material  with 
which  to  work?     It  is  answered:     The   recommendation  of 

the  nearest  chartered  lodge,  on  which  the  warrant  is  issued, 
is  a  permit  authorizing  the  lodge  LT.  D.  to  enter  its  quarry, 
and  appropriate  to  its  own  use,  and  work  up  such  material 
as  it  there  finds  unappropriated.  (In  some  jurisdictions  no 
dispensations  to  form  new  lodges  can  be  issued  without  the 
recommendation  of  all  the  lodges  whose  jurisdiction  shall 
be  affected  by  such  dispensation.  I  am  not  sure  but  this  is 
the  correct  view,  yet  it  is  not  the  law  in  this  State.)  The 
lodge  U.  D.  can  not  use  any  material  already  received  or 
rejected  by  chartered  lodges,  and  being  in  a  sense  a  tenant 
by  courtesy,  it  cannot  object  if  the  chartered  lodges  continue 
their  work  in  the  same  quarry;  for  they  have  prior  rights, 
and  may  still  use  any  material  not  rejected  or  received  by 
the  lodge  U.  D. 

The  Grand  Master  is  the  supreme  head  of  the  Masons 
in  the  State;  but,  in  my  opinion,  he  has  no  power  to  add  to 
or  reduce  the  territorial  jurisdiction  of  the  Grand  Lodge,  or 
of  any  Subordinate  Lodge,  and  cannot,  therefore,  by  a  dis- 
pensation, divide  the  territory  of  a  chartered  lodge,  by  giv- 
ing a  part  of  such  territory  to  a  lodge  U.  D.  The  Grand 
Lodge  alone  possesses  and  has  a  right  to  exercise  exclusive 
jurisdiction  within  its  territory,  and  it  alone  may  sub-divide 
that  territory.      (1S73.    Dec.    15.    Nichols,  G.   M.) 

250.  After  a  candidate  has  been  balloted  for,  and 
received  the  first  degree,  has  a  member  of  the  lodge  the 
right  to  object  to  his  advancement  without  giving  *-he  rea- 
sons therefor?  And  is  not  the  member  so  objecting  bound 
to  prefer  charges  against  the  candidate? 

Objections  may  be  made  at  any  period  of  advancement, 
and  the  member  objecting  is  not  bound  to  prefer  charges, 
nor  to  give  his  reasons  for  such  action       There  is  no  law  in 


DIGEST    OF     MASONIC     LAW.  59 

the  Masonic  Code  more  clearly  denned  or  better  settled  than 
this;  yet  we  find  many  in  this  enlightened  day  who  ser- 
iously question  this  right,  and  many  instances  occur  where 
objections  are  made  which  cause  a  great  confusion  among 
the  Craft,  and  I  regret  to  say  in  some  instances  produce 
unkind  feelings,  and  seriously  disturb  that  harmony  which 
ought  to  prevail  in  every  lodge. 

If  our  brethren  would  study  law  more,  and  be  influenced 
by  personal  prejudice  less,  much  of  the  trouble  which  arises 
from  this  subject  would  cease,  and  sources  of  discontent 
and  feuds  be  forever  removed.  A  distinguished  Masonic 
writer  truly  says:  "The  members  of  the  Fraternity  are 
expected  heartily  and  freely  to  extend  the  right  hand  of 
fellowship  to  all,  and  all  are  expected  as  warmly  and  cor- 
dially to  receive  the  fraternal  grip.  This  state  of  things 
can  not  exist  if  any  may  be  admitted  contrary  to  the  will  of 
any  one  of  its  members. "     (1873.    Dec.    16.    Nichols,   G.  M.) 

251.  The  Uniform  Code  of  By-laws,  Art.  5,  Sec.  3, 
says  that  "every  petition  for  the  degrees  of  Masonry  or 
membership  shall  be  referred  to  a  committee,"  etc.,  "who 
shall  report  to  the  lodge  at  the  first  Regular  Communication 
thereafter."  Art.  4,  Sec.  10,  By-laws  Grand  Lodge  says, 
that  "every  petition  shall  lie  over  at  least  one  month, "etc. 
Where  a  lodge  meets  twice  in  each  month,  can  a  petition  be 
acted  on  at  the  "first  regular  meeting"  after  its  reception, 
or  must  it  lie  over  one  month? 

A  petition  must  lie  over  one  month.  The  Constitution 
and  By-laws  of  the  Grand  Lodge  are  the  supreme  Masonic 
law  in  North  Carolina,  and  can  not  be  repealed  or  annulled 
by  the  By-laws  of  a  Subordinate  Lodge.  (1873.  Dec.  16. 
Nichols,  G.  M.) 

252.  Has  the  Master  of  a  lodge  the  right  to  grant 
a  new  trial  to  a  brother  after  the  trial  has  been  held  and  the 
lodge  closed  ? 

He  has  not.  After  due  trial,  if  a  brother  is  dissatisfied 
with  the  result  thereof,  he  has  the  right,  any  time  within 
one  month,  to  appeal  to  the  Grand   Lodge,  which  can  order 


60  DIGEST     OF    MASONIC     LAW. 

a  new  trial  if  there  has  been  any  irregularity  or  defect  in 
the  proceedings  below.      (1873.    Dec.    16.    Nichols,  G.  M.) 

253.  Can  one  lodge  try,  for  a  Masonic  offense,  a  Mason 
residing  in  its  jurisdiction,  but  who  is  a  member  of  another 
lodge? 

It  can.  The  penal  jurisdiction  of  a  lodge  extends  to  all 
Masons  residing  in  its  territorial  jurisdiction,  whether  thev 
be  its  own  members,  members  of  other  lodges,  or  non-affil- 
iated Masons.  See  Art.  4,  Sec.  15,  By-laws  Grand  Lodge. 
(1873.    Dec.    17.  Nichols,  G.  M.) 

254.  If  a  Mason,  a  member  of  a  lodge,  commits  suicide, 
is  he  entitled  to  Masonic  burial? 

Every  Mason,  dying  in  good  standing  in  his  lodge,  is 
unquestionably  entitled  to  Masonic  burial.  After  a  brother 
is  dead,  it  is  too  late  to  go  into  an  investigation  of  his  char- 
acter. If  he  was  addicted  to  any  vice  which  might  so  impair 
his  mind  as  to  cause  him  to  commit  so  unnatural  an  act,  his 
lodge  should  have  dealt  with  him  while  living.  However 
unpleasant  our  duty  to  the  living,  by  arraigning  those  who 
deviate  from  the  paths  of  rectitude,  and  permit  them  to 
continue  in  their  immorality,  until  they  meet  a  suicide's 
death,  we  must  suffer  the  consequences,  and  not  attempt  to 
screen  our  short-comings  behind  the  earthly  remains  of  an 
erring  and  fallen  brother.      (1873.    Dec.    17.    Nichols,  G.  M.) 

255.  A  party  applies  to  A  lodge  for  the  Masonic 
degrees,  and  is  rejected.  He  afterwards  applies  to  B  lodge, 
which  obtains  permission  of  A  lodge  to  act  on  the  petition, 
where  he  is  again  rejected.  A  change  of  residence  brings 
the  petitioner  within  the  jurisdiction  of  C  lodge,  where  he 
applies  again. 

Should  the  latter  lodge  apply  to  A  lodge  or  B  lodge  for 
permission  to  act  on  the  petition? 

To  A  lodge.  That  having  original  jurisdiction,  and  B 
lodge  having  refused  by  ballot  to  receive  the  applicant, 
the  jurisdiction  reverts  to  A  lodge,  where  it  remains  until 
again  transferred  by  its  own  act.  (1873.  Dec.  17.  Nichols, 
G.  M.) 


DIGEST     OF     MASONIC     LAW.  6 1 

256.  Is  it  proper  to  dismember  a  Mason  for  non-pay- 
ment of  dues  without  first  notifying  him  to  appear  and  show 
cause  why  it  should  not  be  done? 

•  Every  member  should  be  duly  notified  before  the  lodge 
proceeds  to  take  action  against  him.  None  should  be  debar- 
red the  right  of  being  heard,  if  he  desires  it,  in  vindication 
of  his  own  conduct.      (1873.  Dec.    17.    Nichols,  G.  M.) 

257.  Does  an  unfavorable  report  stop  further  action, 
or  must  the  petition  be  balloted  on? 

An  unfavorable  report  does  not  stop  further  action. 
There  is  but  one  way  of  receiving  a  candidate,  and  but  one 
way  of  rejecting  one,  and  that  is  by  the  secret  ballot. 
Every  application  for  the  degrees,  or  for  membership,  it 
matters  not  what  the  report  of  the  committee  may  be,  must 
be  submitted  to  the  ballot.      (1S73.  Dec.  17.  Nichols,  G.  M.) 

258.  Should  any  charge  be  made  for  degrees  conferred 
by  one  lodge  at  the  request  of  another,  especially  when  the 
candidate  has  paid  for  all  the  degrees  in  advance  to  the 
lodge  acting  on  the  petition? 

Certainly  not.  It  is  simply  an  act  of  courtesy  on  the 
part  of  one  lodge  toward  another^  and  no  lodge  actuated  by 
true  Masonic  principles  would  ever  think  of  making  such  a 
charge.      (1873.   Dec.    17.    Nichols,  G.  M.) 

259.  A  non-affiliated  Mason  makes  application  for 
membership  and  is  rejected.  What  is  his  status?  When 
and  where  can  he  apply  again? 

His  status  is  precisely  what  it  was  before  he  made 
the  application,  with  the  exception  that  he  can  not  be 
arraigned  as  a  "wilful  non-affiliate,"  because  he  has  shown 
by  his  application  that  his  "non-affiliation"  is  not  "wilful." 
He  can  apply  again  as  soon  as  he  wishes,  and  where  he 
desires.      (1873.    Dec.    18.   Nichols,  G.  M.) 

260.  After  a  candidate  has  been  balloted  for  and 
rejected,  and  a  second  ballot  taken  to  be  sure  of  no  mistake, 
is  it  proper  for  the  Master  to  entertain  a  motion  to  recon- 
sider? 


()2  DIGEST    OF     MASONIC     LAW. 

It  is  not.  The'  candidate  stands  rejected,  and  can  not 
again  petition  until  after  the  expiration  of  twelve  months. 
(1873.    Dec.    18!    Nichols,  G.  M.) 

261.  In  the  case  of  Brother  M.,  from  C  Lodge, 
upon  a  charge  of  gross  Unmasonic  conduct,  specification 
"selling  intoxicating  liquors  indiscriminately,"  this  party 
appeared  in  person,  and  admitted  he  was  guilty  of  the 
specification  to  the  extent  of  selling  intoxicating  liquors  by 
the  quart  to  all  who  were  able  to  pay  for  them.  The  lodge 
found  him  guilty  and  expelled  him.  Afterwards  they 
reflected  upon  the  dread  penalty,  and  upon  his  confessing 
his  fault  and  promising  sincerely  to  cease  the  traffic  in 
intoxicating  liquors,  and  otherwise  cheerfully  conform  his 
deportment  to  the  rules  and  regulations  of  the  lodge,  .they 
have  recommended  mercy  in  this  case.  We  cheerfully 
recommend  that  he  be  restored  to  all  the  rights  and  privil- 
eges of  a  Master  Mason,  and  that  he  make  application  forth- 
with to  the  lodge  for  restoration.      (1873.    Rep.   41.) 

262.  In  a  case  from Lodge,  charges  were  pre- 
ferred for  "Unmasonic  conduct,"  with  two  specifications: 
1,  "In  allowing  dues  to  remain  unpaid,  after  being  repeat- 
edly notified  to  pay  the  same;  and,  2,  that  in  contempt  of 
the  authority  and  dignity  of  the  lodge,  refused  and  neglected 
to  obey  its  summons,  properly  communicated,  and  attend 
its  meetings  and  settle  up."  In  this  case  the  lodge  expelled 
him,  which  decision  we  recommend  be  reversed,  and  sug- 
gest "indefinite  suspension"  instead.      (1873.    Rep.    54.) 

263.  In    a    case  from Lodge,    a    charge    of    "a 

refusal  to  obey  a  legal  summons  legally  served,  and  also  of 
having  spoken  disparagingly  and  disrespectfully  of 
this  lodge,"  was  found  guilty  on  both  specifications,  where- 
upon the  lodge  voted  unanimously  for  expulsion.  In  which 
decision  we  concur.      (1873.    Rep.    54.) 

264.  In  the  case  of  a  brother  charged  with  habitual 
drunkenness  and  harsh  language  in  reference  to  a  brother 
of  the  same  lodge,  accusing  him  of  theft  and  bribery.      The 


DIGEST     OF    MASONIC     LAW.  63 

lodge  did  not  sustain  the  first  specification— that  of  drunk- 
enness, but  found  the  accused  guilty  of  the  charge,  as  con- 
tained in  the  second  and  third  specifications,  and  voted 
"expulsion,"  which  meets  with  our  hearty  concurrence. 
(1873.    Rep.    54.) 

265.  In    the  case  from    -     Lodge,    the    lodge    on 

appeal  decided  that  it  required  a  two-thirds  vote  to  find 
guilty  on  charges,  it  was  accordingly  decided  that  the 
accused  was  not  found  guilty,  the  vote  standing  eleven  for 
conviction  against  seven  votes.  Whereupon  the  accused 
was  declared  acquitted,  from  which  appeal  was  taken  to  the 
Grand  Lodge.  Your  Committee  are  of  the  opinion  that  a 
majority  voting  for  conviction  carried  conviction.  Your 
Committee,  therefore,  recommend  that  the  error  of  the 
lodge  be  certified  to  the  end  that  it  may  proceed  to  pass 
sentence;  the  evidence  warrants  the  severest  punishment  of 
the  accused.      (1873/  Rep.    60.) 

266.  In   the  case   from Lodge,  we   decide   that 

the  evidence  does  not  sustain  the  charge,  and  the  action  of 
the  lodge  is  overruled,  and  we  recommend  the  restoration 
of  the  brother  to  all  the  rights  and  privileges  of  Masonry. 
The  charge  against  the  brother  was  gross  Unmasonic  con- 
duct; specification — forgery  of  a  paper  writing  against  one 
S.  The  paper  produced  as  evidence  to  sustain  the  charge 
was  claimed  by  the  brother  to  be  a  copy  of  an  original  in  the 
hands  of  S.,  which  S.  did  not  deny.  It  was  only  produced 
as  evidence  of  a  contract  with  S.,  who  refused  to  produce 
the  original.  The  civil  courts  sustained  the  brother  in 
exculpating  him  from  wrong  in  using  the  copy.  (1S73. 
Rep.    71.) 

267.  In  reference  to  the  resolution  of  Bro.  C.  C.  Clark,  as 
to  what  is  the  proper  mourning  for  Masons,  we  report  that, 
upon  burial  occasions,  Masons  should  appear  clothed  in 
black  as  nearly  as  practicable,  with  white  gloves  and  aprons, 
officers  with  jewels,  and  all  with  black  crape  upon  the  left 
arm,  above  the  elbow. 

According  to  the   ancient   tisages,  Master   Masons  have 


64  DIGEST     OF    .MASONIC     LAW. 

the  right,  in  their  discretion,  to  wear,  in  addition  thereto,  a 
piece  of  blue  ribbon  overlaid  with  a  narrow  black  ribbon, 
upon  the  lapel  of  the  coat;  but  this  is  left  to  individual 
choice,  and  is  no  part  of  the  present  uniform.  (1873. 
Rep.    64.) 

268.  In  the  case  from Lodge,  against  a  brother, 

charged  with  Unmasonic  conduct,  with  usual  specifications. 
The  finding  appears,  and  the  vote  was  regularly  taken, 
and  the  brother  was  acquitted.  The  ease  ought  not  to  be 
here  at  all,  and  would  not  have  been  here,  but  for  the  fact 
that  some  individual  member  of  the  lodge  -seems  to  have 
wanted  to  have  his  say  about  it,  and  appealed  from  the 
decision  of  the  lodge,  which  is  contrary  to  all  law  governing 
the  proceedings  in  our  courts,  and  in  the  courts  of  England 
or  any  civilized  country  known  to  us,  and  if  recognized  in 
Masonic  trials,  it  is  high  time  the  right,  if  such  it  is,  is 
abolished.  Of  course,  common  sense  dictates  that  we  affirm 
the  action  of  the  lodge.      (1873.    Rep.   67.) 

269.  That  Subordinate  Lodges  have  the  right  to  estab- 
lish any  fee  for  conferring  the  several  degrees,  and  the 
apportionment  of  such  sum  to  the  degrees,  respectively, 
provided  the  total  amount  shall  not  be  less  than  the 
price  fixed  by  the  Grand  Lodge.  The  Grand  Master  thinks 
it  not  only  proper  to  apportion  the  sum  charged,  to  the 
several  degrees,  but  highly  important  that  it  be  done,  even 
where  the  whole  fee  is  required  in  advance,  for  the  reason 
that  in  case  a  candidate  is  stopped  at  any  stage  of  the  pro- 
ceedings there  may  be  no  misunderstanding  in  regard  to 
the  amount  to  be  refunded.      (1S73.  Dec.  70.  Nichols,  G.  M.) 

270.  Let  no  one  pass  into  the  East  but  through  the 
West,  and  then  not  until  the  lodge  is  satisfied  that  he  has 
zeal  enough  for  the  Institution  to  prompt  him  to  do  his 
work  well  and  faithfully.  A  Master  should  not  only  be 
qualified  to  confer  the  degrees  well,  but  he  should  be  well 
versed  in  Masonic  law.  Especially  should  he  be  conversant 
with  the  By-laws  of  his  lodge,  and  the  Constitution,  Bv-laws 
and  Standing  Resolutions  of  the  Grand  Lodge.  (1874.  Dec. 
15.   Nichols,  G.  M.) 


DIGEST    OF     MASONIC     LAW.  65 

271.  The  question  arose  in  several  lodges,  during-  the 
year,  whether  a  Mason  was  chargeable  with  dues  from  the 
time  his  dimit  was  granted  until  he  affiliated  with  some  other 
lodge?  I  decided  in  the  negative,  because  from  the  time 
the  dimit  is  granted  until  the  holder  thereof  is  admitted 
into  another  lodge,  or  returns  the  dimit  to  the  lodge  grant- 
ing it,  he  is,  to  some  extent  debarred  of  lodge  privileges. 
He  cannot,  by  right,  take  part  in  the  proceedings  of  the 
lodge — can  not  vote  on  petitions  or  on  any  other  questions 
that  may  arise;  and  being  thus  deprived  of  lodge  privileges, 
he  should  not  be  taxed  with  lodge  dues.  (1874.  Dec.  16. 
Nichols,  G.  M.) 

272.  In  the  appeal   from   Lodge,  we    find   the 

papers  forwarded  to  this  body,  purporting  to  be  transcripts 
of  the  proceedings  in  said  cases,  in  such  condition  that  no 
reasonable  judgment,  as  to  the  merits  of  the  cases,  can  be 
derived  therefrom.  The  Committee  deem  it  their  duty, 
however,  to  call  special  attention  to  the  condition  of  these 
transcripts  and  their  defects,  some  of  the  most  important 
of  which  are : 

r,  That  the  seal  of  the  lodge  does  not  appear  upon  any 
of  the  papers,  nor  is  there  any  reason  offered  for  the 
omission. 

2,  That  the  evidence  is  not  taken  by  question  and 
answer. 

3,  That  the  pleas  of  the  persons  tried  are  not  entered. 

4,  That  the  Master  of  the  lodge  acted  as  counsel  for 
the  prosecution,  raised  questions  of  law,  argued  and  decided 
them  himself. 

5,  That  the  testimony  of  profanes  was  taken  by  a 
committee  without  notice  to  the  accused  of  the  time  and 
place  of  taking  the  same. 

6,  A  part  of  the  proceedings  is  written  in    pencil. 
While  your  Committee   admit  the  impossibility   of  an 

intelligent  judgment  on  the  merits,  they  recommend  that 
the  cases  be  remanded  to  the  Subordinate  Lodge  for  a  new 
trial,  on  the  ground  that  these  proceedings  are  so  irregular 
as  to  be  an  actual  nullity.      (1874.    Rep.   43.) 

9 


66  DIGEST    OF     MASONIC     LAW. 

273.  Resolved,  That  any  member  of  a  Subordinate 
Lodge  who  shall  apply  for  a  dimit,  it  shall  be  granted  him 
upon  producing  the  Secretary's  receipt  that  he  has  paid  all 
lodge  dues,  if  there  be  no  charges  against  him.  Provided,  That 
any  Mason  who  thus  becomes  non-affiliated,  by  his  action 
distinctly  releases  all  members  of  lodges  from  any  and  all 
Masonic  ties  between  himself  and  them,  retaining  no 
Masonic  right  except  that  of  petitioning  any  lodge  for  mem- 
bership.     (1874.    Res.   44.) 

274.  In   the  case    from Lodge,  we    rind    that  a 

brother  was  tried  by  a  committee  of  his  lodge,  whose  inves- 
tigation was  conducted  with  open  doors,  and  in  the  pres- 
ence of  the  profane,  and  without  further  trial  by  said  lodge, 
was  suspended. 

We  furthermore  find  that  he  immediately  craved  an 
appeal,  which  was  denied  him.  We,  therefore,  recommend 
that  said  alleged  trial  be  declared  null  and  void,  and,  for 
this  and  other  matters  disclosed  upon  the  investigation, 
that  the  Grand  Master  be  directed  to  call  on  said  lodge  to 
show  cause,  within  sixty  days,  why  their  charter  should  not 
be  forfeited.      (1874.      Rep.   47.) 

275.  In  the  case  from Lodge,  a  brother  charged 

with  Unmasonic  conduct  in  slandering  a  brother  Mason,  we 
recommend  the  sentence  of  expulsion  be  affirmed;  but  as 
the  parties  have  amicably  settled  and  compromised  their 
difficulty  satisfactorily  to  themselves  and  the  lodge,  )rour 
Committee  would  recommend  to  said  lodge  to  restore  the 
brother  to  membership  in  the  lodge.      (1874.   Rep.   49.) 

276.  In  the  case  from ,  against  a  brother  charged 

with  Unmasonic  conduct,  who  was  expelled,  we  recommend 
that  it  be  sent  back  to  the  lodge  for  a  new  trial,  as  it  appears 
that  no  ballot  was  taken  on  the  charges  and  specifications 
as  to  guilty  or  not  guilty,  but  that  the  brother  was  expelled 
without  being  convicted.      (1874.    Rep.    49.) 

277.  In  the  case  from Lodge,  where  the  brother 

was   indefinitely   suspended,  we    recommend    it  be  not  con- 


DIGEST     OK    MASONIC     LAW.  67 

firmed,  as  we  think  the  penalty  too  severe,  but  would 
recommend  a  suspension  for  six  months  as  a  sufficient  pen- 
alty for  the  offense  charged,  as  shown  by  the  testimony. 
(1874.    Rep  49.) 

278.  In  the  case  from Lodge,  where  the  brother 

was  expelled,  we  recommend  that  the  action  of  the  lodge  be 
not  sustained.  He  is  charged  wTith  "Unmasonic  conduct," 
specification,  "disobeying  legal  summons."  He  did  not 
appear  at  the  lodge  on  the  day  set  for  trial.  The  proof  was 
that  he  told  a  brother  that  he  would  not  appear  for  the  rea- 
son that  he  had  connected  himself  with  the  Roman  Catholic 
Church,  and  that  he  wvas  opposed  to  secret  societies.  Your 
Committee  unhesitatingly  say  that  Masonry  knows  no  sect. 
creed  or  opinion,  and  we  recommend  that  the  brother  ought 
to  be  permitted  to  withdraw  from  the  lodge  honorably,  if 
his  conscience  does  not  permit  him  to  belong  to  the  Masonic 
fraternity.     (1874.   Rep.   51.) 

279.  In  the  case  from Lodge,  a  brother  was  charged 

with  Unmasonic  conduct,  and  the  sentence  of  the  lodge  was 
indefinite  suspension.  In  the  judgment  of  the  Committee 
the  action  of  the  lodge  was  too  hasty.  The  suspended 
brother  was  absent,  the  lodge  acted  cx-parte,  and  the  lodge 
in  possession  of  a  letter  from  him  asking  for  further  time  to 
make  his  defence.  We,  therefore,  recommend  that  he  be 
granted  a  new  trial;  and  wrould  further  recommend  to  the 
Subordinate  Lodge  that  if  the  charges  preferred  against 
him  be  sustained,  he  be  expelled  from  all  the  rights,  bene- 
fits and  privileges  of  Masonry.      (1874.    Rep.    52.) 

280.  In   the  case   from Lodge,  a  brother  was 

indefinitely  suspended  for  Unmasonic  conduct.  We  recom- 
mend that  the  action  of  the  lodge  be  confirmed,  and  recom- 
mend that  he  be  expelled  by  the  Grand  Lodge  for  conduct 
since  his  suspension.      (1874.    Rep.    52.) 

281.  The  Committee  on  Jurisprudence  beg  to  report 
in  the  matter  of  the  communication  of  Brother  F,  relating 
to    maimed    candidates,    referred  to    them    by    the    Grand 


68  DIGEST     OF    MASONIC     LAW. 

Master,  that  Art.  IV  of  Anderson's  Constitutions,  which  we 
consider  the  highest  written  authority  on  Masonry,  fully 
defines  the  ancient  law  and  usage  on  this  subject,  to-wit: 
"Only  candidates  may  know  that  no  Master  should  take  an 
apprentice  unless  he  has  sufficient  employment  for  him, and 
unless  he  be  a  perfect  youth,  having  no  maim  or  defect  in 
his  body  that  may  render  him  incapable  of  learning  the 
art,"  etc.      (1874.    Rep.    53.) 

282.  In  the   case    from Lodge.      This   purports 

to  be  an  appeal  from  a  judgment  of  not  guilty  by  the  prose- 
cutor, in  a  case  which  seems  to  have  been  tried  with  great 
patience  and  fairness,  and  in  which  the  prosecution  was 
evidently  malicious.  If  there  could  be  such  an  appeal,  this 
is  a  case  above  all  others  in  which  it  should  not  be  allowed. 

Your  Committee  recommend  that  the  appeal  be  dis- 
missed, and  the  Master  of  the  lodge  be  instructed  that  a 
lodge  can  not  appeal  from  an  acquittal,  nor  allow  a  spiteful 
accuser  to  use  its  name  and  machinery  to  gratify  his  malice. 
(1874.    Rep.   58-) 

283.  In  the  case  from Lodge,  against  a  Fellow 

Craft,  your  Committee  recommend  that  the  decision  be 
reversed  and  the  accused  brother  restored  to  his  rights  as  a 
Fellow  Craft  of  said  lodge. 

Your  Committee  are  aware  that  this  recommendation  is 
somewhat  unusual,  but  they  see  no  grounds  for  a  new  trial 
in  the  case,  the  finding  being  simply  a  matter  of  error  upon 
the  part  of  the  Master  of  the  lodge.  It  is  a  matter  of  doubt 
with  your  Committee  whether  all  of  the  specifications,  if 
fully  sustained,  would  constitute  a  Masonic  offense,  or  at 
least  a  violation  of  the  Fellow  Craft's  obligation.  In  addi- 
tion to  this,  however,  he  wras  found  not  guilty  upon  all  but 
one  of  the  specifications,  and  upon  this  there  was  a  tie  vote, 
the  W.  M.  voting  as  a  member  of  the  lodge.  There  was 
then  a  vote  on  the  charge,  which  was  also  a  tie  vote.  After- 
wards the  W.  M.  declared  the  tie  vote  on  the  specification  a 
vote  of  guilty,  and  the  tie  vote  upon  the  charge  a  vote  of 
not  guilty.  Thereupon  the  lodge  proceeded  to  sentence. 
Your  committee  think  there  are  two  evident   errors  of  law : 


DIGEST    OF     MASONIC     LAW.  69 

i st,  The  Master  having  voted  as  a  member  of  the 
lodge,  had  no  right  to  cast  another  vote  in  case  of  a  tie,  but 
a  majority  having  failed  to  convict,  should  have  declared  a 
verdict  of  not  guilty. 

2nd,  Having  been  declared  not  guilty  on  the  charge, 
the  accused  could  not  have  been  sentenced  whatever  might 
have  been  the  findings  on  the  specifications.  (1874. 
Rep.    58.) 

284.  A  dispensation  can  be  asked  for  only  by  the 
lodge  or  the  W.  M.,  and  if  not  asked  for  by  them  it  is  wrong 
for  the  Secretary  to  affix  the  seal  to  such  request  or  any 
other  paper,  except  by  their  order.      (1S74.    Rep.    65.) 

285.  A  Secretary  has  no  right  to  issue  a  summons 
for  a  suspended  Mason,  or  any  other  Mason,  without  order 
of  the  Master.      (1874.    Rep.    65.) 

286.  A  Master  not  only  has  a  right,  but  it  is  his  duty,  to 
exclude  a  suspended  Mason  from  his  lodge.  His  action, 
therefore,  in  declining  to  open  the  lodge  while  such 
suspended  Mason  was  in  the  room  was  eminently  proper, 
and  he  has  a  right  to  explain  such  action  to  the  lodge  mem- 
bers before  opening.  For  such,  either  before  the  opening 
or  while  in  session,  the  S.  W.  has  no  right  to  call  the  W. 
M.  to  order.      (1874.    Rep.    65.) 

287.  Where  the  Grand  Master  suspends,  the 'Worship- 
ful Master  of  a  lodge,  pending  an  investigation  of  charges 
against  him,  which  the  Grand  Lodge  does  not  sustain,  the 
Grand  Lodge  may  reinstate  him  to  all  the  privileges  he 
might  have  enjoyed  had  these  charges  never  been  made. 
(1874.    Rep.    65.) 

288.  Whereas,  The  names  of  non-affiliated  Masons  in 
this  Grand  Jurisdiction  appear  in  the  returns  of  Subordinate 
Lodges,  therefore, 

Resolved,  That  hereafter  none  but  the  names  of  regu- 
lar affiliating  members  be  published  in  the  Proceedings. 
(1874.    Res.    67.) 

289.  That  no  man  so  maimed  as  to  be  unable  to  learn, 


70  DIGEST    OF     MASONIC     LAW. 

teach  and  exemplify  the  work,  could  be  made  a  Mason. 
Hence  the  loss  of  leg,  or  arm,  the  sense  of  seeing,  hearing 
or  feeling  would  disqualify.    (1875.  Dec.  12.  Blount,  G.  M.) 

290.  A  non-affiliate  has  no  Masonic  right  save  that  of 
petitioning  a  lodge  for  affiliation.  (1875.  Dec.  12.  Blount, 
G.  M.) 

291.  That  dimits  granted  before  the  passage  of  the 
resolution  regarding  non-affiliates  by  the  Grand  Lodge  of 
1874,  with  condition  precedent  as  before  required,  did  not 
sever  the  connection  of  the  brother  with  it  until  the  condi- 
tion had  been  complied  with.  That  his  membership  still 
existed,  intact,  with  the  lodge  granting,  which  carried 
mutual  obligation  of  the  member  to  the  lodge  and  the  lodge 
to  the  member.      (1875.    Dec.    12.    Blount,  G.  M.) 

292.  That  a  Mason,  having  taken  a  dimit  before  the 
last  session  of  the  Grand  Lodge  with  the  intent  to  affiliate 
with  a  lodge  nearer  his  place  of  residence,  or  to  join  in 
petition  for  dispensation  for  a  new  lodge,  is  not  debarred  of 
any  right  he  may  have  of  preferring  charges,  or  having 
difficulty  between  himself  and  a  member  of  the  lodge  with 
which  he  proposes  to  affiliate  investigated  before  he  offers 
to  affiliate.      (1875.    Dec.    12.    Blount,  G.  M.) 

293.  A  Mason  dimitted  since  last  Grand  Lodge  can 
not  prefer  charges  against  an  affiliate,  but  he  may  give 
information  which  should  be  acted  upon  by  the  lodge,  if 
the  nature  of  the  offense  be  such  as  to  work  scandal  or 
reproach  upon  the  Fraternity;  but  not  if  the  charge  be  to 
gratify  a  private  animosity  or  avenge  a  personal  pique  or 
individual  quarrel.      (1875.    Dec.    12.    Blount,  G.  M.) 

294.  To  several  inquiries  answer  was  made  that  the 
Worshipful  Master,  Senior  or  Junior  Warden,  after  instal- 
lation, could  not  resign  or  dimit,  and  in  one  case,  where 
the  Worshipful  Master  had  done  so,  I  declared  his  action 
contrary  to  law,  and  that  of  the  lodge  in  accepting  and 
granting  as  null  and  void,  and  directed  that  the  record 
be  expunged.      The  Master  so  acting  did  so,  I  am   satisfied, 


DIGEST     OF     MASONIC    LAW.  7 1 

believing  his  action  was  warranted  by  law,  and  for  the 
best  interests  of  the  Craft,  and  was  influenced  by  circum- 
stances which  he  deemed  justifiable.  He  is  one  for  whom 
I  have  high  personal  regard,  and  whose  Masonic  work  is 
well  known  and  has  been  recognized  by  this  Grand  Lodge. 
He  protests  against  my  action.  (1875.  Dec.  12.  Blount, 
G.  M.) 

295.  That  a  motion  to  "lay  on  table"  is  admissable  in 
Masonic  bodies  according  to  invariable  precedent  and  gen- 
eral parliamentary  law.      (1875.    Dec.    13.    Blount,  G.  M.) 

296.  That  lodge  rooms  should  be  used  exclusively  for 
Masonic  purposes.  Their  use  for  balls,  parties,  etc.,  should 
be  forbidden.  Joint  proprietorship  with  other  societies  is 
not  favored,  though  this  may  be  regulated  by  each  lodge, 
according  to  its  circumstances  and  surroundings.  (1875. 
Dec.    13.    Blount,  G.  M.) 

297.  That  a  Subordinate  Lodge  may  proceed  to 
receive  and  act  upon  the  petition  for  affiliation  of  a  Master 
Mason  whose  lodge  has  become  defunct,  without  the  cer- 
tificate of  the  Grand  Secretary,  as  provided  by  resolution, 
on  satisfactory  evidence  from  the  Grand  Secretary  that  such 
certificate  can  not  be  given  by  reason  of  loss  of  the  records 
by  fire,  or  otherwise.      (1875.    Dec.    13.    Blount,  G.  M.) 

298.  That  the  jurisdiction  of  lodges,  in  adjoining  vil- 
lages is,  in  respect  to  the  villages,  confined  to  their  own 
corporate  limits.  As  to  material  outside  and  beyond  the 
town  lines,  the  rule  as  to  proximity  by  nearest  route  of 
travel  prevails,  e.  g.,  the  lodge  situate  in  Salem  can  not 
use  material  resident  in  Winston  (an  adjoining  town)  with- 
out the  consent  of  the  lodge  in  Winston.  (1875.  Dec.  13. 
Blount,  G.  M.) 

299.  Non-payment  of  a  debt,  from  one  brother  to 
another,  unaccompanied  with  any  fraudulent  intent,  is  not 
sufficient  ground  on  which  to  base  Unmasonic  conduct.  The 
unfortunate  circumstances  of  a  brother  should  call  for  com- 
miseration rather  than  a  visitation  of  punishment.  (1875. 
Dec.  13.   Blount,  G.  M.) 


72  DIGEST    OF     MASONIC     LAW. 

300.  Accused  can  not  testify  in  his  own  behalf,  the 
lodge  may  hear  his   statement,  giving   it   such  weight  as  it 

.deserves.  The  testimony  of  a  freedman  is  competent,  taken 
as  the  testimony  of  other  profanes.  As  to  the  credibility  of 
any  testimony  the  lodge  must  be  the  judge,  from  the  char- 
acter of  the  witness,  his  demeanor,  and  the  general  bearing 
on  the  stand.      (187 5.    Dec.  13.    Blount,  G.  M.) 

301.  That  testimony  taken  in  a  civil  suit  is  not  com- 
petent, and  can  not  be  read  in  evidence  against  one  accused 
of  Masonic  crime  in  a  trial  by  a  lodge,  nor  can  the  letters  of 
a  non-resident,  in  answer  to  questions  touching  the  case, 
unless  by  the  consent  of  the  accused  and  the  lodge.  Con- 
viction by  the  civil  courts  does  not,  of  course,  carry  con- 
viction by  the  lodge.  The  Mason  under  charges  must  be 
tried  according  to  Masonic  usages.  (1 875.  Dec.  13. 
Blount,  G.  M.) 

302.  That  a  petition  for  the  degrees  must  be  presented 
at  a  regular  meeting  and  lie  over  a  month,  under  reference 
to  the  usual  Committee  of  Enquiry  into  Character.  Being 
about  to  travel,  to  be  absent  several  months,  is  not  such  an 
emergency  as  would  justify  the  suspension  of  the  law  by 
dispensation,  except,  perhaps,  in  the  case  of  a  young  man 
who  had  just  attained  majority.  The  sudden  discovery  of 
a  ''favorable  opinion  of  the  Ancient  Institution, "on  the  eve 
of  a  journey,  smacks  rather  much  of  a  desire  for  the  secrets 
of  Masonry  for  other  purposes  than  a  desire  for  knowledge. 
Masonry  is  designed  for  the  education  and  enlightenment  of 
its  votaries,  and  not  for  convenience  solely.  (1875.  Dec. 
14.    Blount,  G.  M.) 

303.  That  a  unanimous  ballot  was  necessary  to  restore 
an  expelled  or  suspended  Mason.  He  should  not  expect 
higher  privileges  than  one  holding  in  his  hand  a  certificate 
of  his  being  in  good  standing  in  his  former  lodge.  (1875. 
Dec.    14.    Blount,  G.  M.) 

304.  That  the  marriage  of  a  Mason's  widow  annuls  her 
claims  as  such  to  Masonic  charity,  but  does  not  affect  the 
rights  of  the  children.      (1875.    Dec.    14.    Blount,  G.  M.) 


DIGEST -OF     .MASONIC     LAW.  73 

305.  That  no  one  has  a  right  to  question  a  brother's 
vote  on  petition  for  degrees  or  membership,  no  one  has  a 
right  to  know  how  another  voted.  It  is  Unmasonic  to  dis- 
close how  any  one  voted  or  to  exhibit  his  ballot  that  it  may 
be  known.      (1875.   Dec.    14.    Blount,  G.  M.) 

306.  Non-age  of  applicant,  good  ground  for  adverse 
report  of  Committee  of  Enquiry,  petition  filed  and  referred, 
must  take  the  regular  course,  it  cannot  be  withdrawn. 
(1875.    Dec.    14.    Blount,  G.  M.) 

307.  A  levy  of  a  tax  by  way  of  contribution  for  a 
benevolent  object  is  not  unconstitutional.  (1875.  Dec.  14. 
Blount,  G.  M.) 

308.  The  resolution  forbidding  Mock  Masonic  burial 
has  been  repealed.  It  should  not  be  favored  except  under 
peculiar  circumstances.      (1875.    Dec.    14.    Blount,  G.  M. ) 

309.  A  charge  once  preferred  and  filed  by  the  lodge, 
over  the  signature  of  a  Master  Mason,  .must  take  the  regu- 
lar course  of  trial  prescribed ;  the  subsequent  preferring  of 
charges  against  the  Master  Mason  signing  the  first  does  not 
hinder  the  prosecution.      (1875.    Dec.  14.    Blount,  G.  M.) 

310.  In  a  Masonic  trial  the  lodge  should  be  opened  on 
the  third  degree,  and  should  be  called  off  when  the  evidence 
of  two  profanes  was  being  taken  to  sustain  the  charges. 
(1875.    Rep.    43.) 

311.  An    appeal    from   the   findings  of   a  Subordinate - 
Lodge    must   state   the  grounds   upon   which  an  appeal    is 
prayed,  in  writing,  and  must  be  filed  with  said  lodge  within 
thirty  days  from  the  day  the  issue  is  decided  by  the  lodge. 
(1875.    Rep.   48.) 

312.  Where  a  brother  wilfully  and  confemptuously 
refuses  to  obey  a  legal  Masonic  summons,  he  was  properlv 
expelled.      (1875.    Rep.    50.) 

313.  That  the  arrest  of  the  charter  of  a  lodge  does  not 
work  any  detriment  to  the  Masonic  character  of  the  indi- 
vidual member,  any  more  than  temporary  voluntary  cessa- 

10 


74  DIGEST     OF    .MASONIC'     r.AW. 

tion  of  work  by  a  lodge  would,  and  hence  the  individual 
members  of  a  lodge  under  such  disability  might  visit  and 
enjoy  the  other  rights  and  privileges  of  a  Mason.  (1876. 
Dec.    16.    Blount,  G.  M.) 

314.  A  member  of  such  lodge  may  petition  for  affilia- 
tion in  other  lodges,  the  certificate  of  the  custodian  of  the 
books  to  the  effect  that  such  member  was  in  good  standing 
at  the  time  of  the  arrest  of  the  charter  and  clear  of  the 
books,  answering  for  dimit  from  working  lodge — or  the 
certificate  of  the  Grand  Secretary  as  to  the  defunct  lodge. 
(1876.    Dec.    16.    Blount,  G.  M.) 

315.  A  was  tried  and  convicted  by  his  lodge  and  sen- 
tence voted ;  he  takes  an  appeal  to  the  Grand  Lodge.  The 
Grand  Lodge  sustains  the  appeal,  finding  that  the  charge 
was  frivolous,  not  affecting  Masonic  character,  and  reverses 
the  judgment  of  the  lodge;  what  is  the  status  of  A? 

I  answer  that  he  stands  acquitted  and  entitled  to  the 
privileges  of  his  lodge  as  though  no  trial  had  been  had. 
The  appeal  vacates  the  judgment,  and  the  sustaining  of  the 
appeal  by  the  Grand  Lodge  is  vindication  of  the  accused. 
It  is  a  mistake  to  suppose  that  this  is  a  restoration  by  the 
Grand  Lodge,  for  until  approved  by  the  Grand  Lodge,  after 
appeal,  the  action  of  the  lodge  is  not  complete.  Restora- 
tion implies  deprivation  previously  existing.  If  a  brother 
is  tried  and  expelled,  and  the  sentence  is  confirmed,  the  law 
says  he  may  be  restored  by  the  lodge  expelling  or  by  the 
Grand  Lodge,  upon  his  own  petition  and  such  evidence  of 
penitence  and  reformation  as  to  it  may  appear  satisfactory. 
If  he  choose  to  apply  to  the  Grand  Lodge  and  is  restored, 
this  action  of  the  Grand  Lodge  does  not  work  a  restoration 
to  membership  in  his  lodge.  To  obtain  that  he  must  peti- 
tion regularly  for  affiliation,  and  be  admitted  by  unanimous 
ballot.      (1875.    Dec.    16.    Blount,  G.   M.) 

316.  That  a  Past  Master,  on  the  invitation  of  the 
Master,  might  legally  open  a  lodge  and  conduct  the  busi- 
ness of  the  meeting,  if  one  of  the  principal  officers  was  pres- 
ent and  assenting.      (1876.    Dec.    16.    Blount,  G.  M.) 


DIGEST    OF     MASONIC     LAW.  75 

317.  That  a  Master  must  have  first  served  as  Warden, 
and  in  two  instances  I  refused  to  grant  dispensation  to  in- 
stall as  Master  such  as  had  not  served  as  Warden ;  though 
the  appeals  in  behalf  of  such  action  were  strong,  setting 
forth  eminent  qualification,  high  social  position,  great 
Masonic  learning  and  great  benefit  to  the  lodge.  I  hope 
yet  to  hear  of  the  installation  of  these  brethren  as  Masters, 
and  that  they  may  be  instrumental  in  spreading  the  true 
light  of  Masonry  from  the  seat  in  the  East.  (1876.  Dec. 
17.    Blount,    G.    M.) 

318.  That  it  is  not  necessary  for  the  purposes  of  a 
Masonic  trial,  under  Article  XIV,  Section  2,  Code,  that  the 
members  of  a  lodge  be  served  with  legal  Masonic  summons. 
It  is  sufficient  that  they  be  "notified"  of  the  character  of 
the  special  meeting,  and  the  date.  The  Master  may,  in 
his  discretion,  order  legal  Masonic  summons  to  issue,  and 
he  should  do  so  if  the  importance  of  the  case  for  trial,  or 
the  delinquency  of  members  in  attendance  upon  lodge  meet- 
ings, is  such  as  to  warrant  it.  (1876.  Dec.  17.  Blount, 
G.  M.) 

319.  In  the  case   from Lodge,    of  expelling  a 

brother  charged  with  Unmasonic  conduct  in  refusing  to  pay 
a  brother  a  debt  of  seventeen  dollars  and  fifteen  cents,  we 
recommend  it  be  reversed.  In  this  case,  the  Master  refused 
to  permit  a  gentleman,  who  was  not  a  Mason,  to  appear  as 
counsel  for  the  accused. 

The  lodge  erred  in  taking  jurisdiction  over  a  simple  case 
of  debt  due  from  one  member  to  another.  A  lodge  is  not  a 
court  for  the  collection  of  debts,  and  has  no  right  to  inflict 
any  penalty,  much  less  the  severe  one  of  Masonic 
death,  upon  a  brother  whose  poverty  or  bad  fortune  may 
have  rendered  him  temporarily  unable  to  comply  with  his 
business  contracts.      (1876.    Rep.    38.) 

320.  In    the    case    from    Lodge,    against    two 

brothers,  who  were  charged  with  Unmasonic  conduct,  with 
specifications,  1st,  Disobedience  of  legal  summons;  and, 
2nd,   non-payment  of   dues;  who  were  found   guilty  and  a 


76  DIGEST    OF     MASONIC     LAW. 

sentence  of  indefinite  suspension  imposed,  your  Committee 
report  that  the  above  mentioned  punishment  is  unconstitu- 
tional and  void,  because  it  does  not  appear  that  the  dis- 
obedience of  summons  was  wilful,  and  recommend  that  the 
case  be  referred  back  to  the  lodge  that  it  may  impose  the 
proper  punishment,  and  call  attention  of  the  lodge  to 
By-laws,  Article  XIII,  Section  9.      (1876.    Rep.   42.) 

321.  A  motion  seconded  and  stated  by  the  presiding 
officer,  is  the  property  of  the  lodge,  and  can  not  be  with- 
drawn without  their  consent.  (1877.  Dec.  14.  Munson, 
G.  M.) 

322.  All  members,  in  good  standing,  are  entitled  to 
vote,  even  if  it  be  on  their  own  petition  for  dimission. 
(1877.    Dec.    14.  Munson,  G.    M.) 

323.  A  member,  in  good  standing,  has  the  right  of 
speaking  to  any  question  before  the  lodge,  unless  a  point  of 

.order  be  raised,  which  must  be  decided  by  the  Master. 
(1877.    Dec.    14.    Munson,  G.  M.) 

324.  Members  present  at  a  Regular  Communication 
decide  questions  coming  before  the  lodge ;  and  such  decision 
is  legal,  notwithstanding  the  whole  membership  is  not 
present.      (1877.    Dec.    14.    Munson,  G.  M.) 

325.  All  members  present  are  obliged  to  vote.  If  they 
do  not  so  desire,  the  Master  can  permit  them  to  retire  until 
after  the  vote  is  taken.      (1877.    Dec.    14.    Munson,  G.  M.) 

326.  A  motion  seconded  and  stated  by  the  presiding 
officer  must  be  put,  unless  properly  withdrawn,  the  Master 
can  not  ignore  it.      (1877.    Dec.    14.    Munson,  G.  M.)     (3.) 

327.  A  brother,  in  good  standing,  cannot  be  restrained 
from  balloting,  even  if  he  has  declared  his  intention  of 
blackballing  the  candidate.    (1877.    Dec.   14.  Munson,  G.  M.) 

328.  Illicit  distilling  is  sufficient  ground  upon  which 
to  base  charges  against  a  brother,  and  no  hesitancy  should 
be  had  in  acting  accordingly.  (1877.  Dec.  14.  Munson, 
G.  M.) 


DIGEST     OF    MASONIC     LAW.  77 

329.  Financial  difficulties  between  Masons  should,  if 
possible,  be  adjusted  amicably,  but  it  is  not  Unmasonic, 
when  other  means  fail,  to  bring  an  action  at  law.  (1877. 
Dec.    15.   Munson,  G.  M.) 

330.  A  Master  has  the  power  to  summon  orally,  but 
otherwise  the  summons  should  be  issued  through  the  Secre- 
tary, in  writing,  with  seal  of  lodge  attached.  (1877-  Dec. 
15.    Munson,  G.  M.) 

331.  A  certificate  of  dimission  is  not  legal  unless  it 
bears  the  seal  of  the  lodge  by  which  it  is  issued.  (1877.  Dec. 
15.  Munson,  G.  M.) 

332.  No  certificate  of  dimission 'should  be  granted  a 
brother  against  whom  it  is  proposed  to  bring  charges ;  if 
their  validity  is  not  sustained,  then  the  certificate  may  be 
granted.      (1877.    Dec.    15.    Munson,  G.  M.) 

333.  The  law  does  not  specify  when  summonses  shall 
or  may  be  issued,  that  power  being  discretionary  with  the 
Master.      (1877.    Dec.    15.    Munson,  G.  M.) 

334.  A  notice  with  seal  of  lodge  and  signature  of  the 
Secretary,  mailed  through  the  postoffice  to  a  brother's  sup- 
posed or  last  known  place  of  residence,  is  a  legal  notice. 
(1877.    Dec.    15.    Munson,  G.  M.) 

335.  Two  persons,  one  a  Mason,  the  other  a  profane, 
having  differences  of  a  private  character  antecedent  to  the 
initiation  of  the  latter,  remain  unreconciled,  when  it  comes 
to  the  knowledge  of  the  initiate  that  the  brother  proposes  to 
use  the  blackball  when  he  applies  for  advancement,  the 
initiate  being  a  man  of  irreproachable  character  and  good 
citizen,  the  lodge  generally  being  exceedingly  desirous  for 
his  advancement,  ask  what  to  do.  A  brother  has  the  right 
to  object  without  a  question,  and  such  objection,  till 
removed,  acts  as  a  barrier  to  such  advancement.  Though 
unwise,  it  is  not  Unmasonic  to  declare  what  he  will  do  in  cer- 
tain cases  proposed.  The  criminality  lies  in  declaring  the 
act  performed;  for  instance,  you  can  not  try  a  Mason  for 
saying  he  will  blackball  a  candidate;  but  if  after  he  is  black- 


7<S  DIGEST     OF    MASONIC     LAW. 

balled,  he  makes  the  declaration  that  he  has  done  so,  he 
violates  an  edict  of  the  Grand  Lodge, and  he  is  liable  to  prose- 
cution.     (1877.    Dec.    15.    Munson,G.  M.) 

336.  Dispensation  asked,  to  entertain  the  petition  of  a 
profane  belonging  to  the  jurisdiction  of  another  lodge,  with 
the  assurance  that  said  lodge  woiild  sanction  such  arrange- 
ment. Dispensation  refused;  let  the  petitioner  apply  to 
the  lodge  in  whose  jurisdiction  he  properly  belongs.  If 
elected,  and  they  desire  you  to  confer  the  degrees,  the  fees 
can  be  arranged  between  you.  (1877.  Dec.  15.  Munson, 
G.  M.) 

337.  A.  B.  filed  a  petition  for  the  degrees,  and  was 
elected ;  but  before  conferring,  heard  he  had  been  rejected 
in  another  lodge,  what  is  my  duty  in  the  case?  Obtain  per- 
mission of  the  rejecting  lodge  to  entertain  the  petition ;  if 
refused,  return  the  petition,  with  fees.  (1877.  Dec.  16. 
Munson,  G.  M.) 

338.  A.  B.  was  initiated  an  Entered  Apprentice,  peti- 
tioned for  the  second  degree,  and  was  rejected.  At  a  sub- 
sequent meeting  a  reconsideration  was  had,  he  was  elected 
and  notified  to  present  himself  for  advancement.  At  the 
next  regular  meeting,  upon  a  reading  of  the  minutes,  a 
brother  objected  to  the  advancement  of  the  candidate,  con- 
sidering the  reconsideration  illegal,  and  moved  to  lay  the 
matter  before  the  Grand  Master — objection  sustained.  No 
reconsideration  of  a  ballot  is  legal,  the  proper  mode  being 
a  repetition.      (1877.    Dec.    16.    Munson,  G.  M.) 

339.  A  lodge  desires  a  remittal  of  the  dues  of  a  brother 
who  wishes  to  affiliate  with  it,  giving  reasons  therefor — 
said  dues  owing  the  lodge  to  which  he  formerly  belonged,  and 
which  had  become  extinct.  Held  that  the  Grand  Master 
had  no  power  to  act  in  the  premises,  the  remedy,  if  any,  to 
be  applied  by  the  Grand  Lodge .  (1877.  Dec.  16.  Munson, 
G.  M.) 

340.  Has  a  W.  M.  the  power  to  place  a  P.  M.  in  the 
East  to  confer  degrees,  when  the  Senior  Warden  and  the 


DIGEST    OF      MASONIC     LAW.  79 

Junior  Warden  are  present  and  willing  to  serve?  He  has, 
provided  he  is  present  while  the  chair  is  so  filled,  he  being 
the  best  judge  of  the  qualifications  of  his  Wardens  ,(1877. 
Dec.    16.    Munson,  G.  M.) 

341.  If  a  brother  presides  in  the  Worshipful  Master's 
presence,  who  is  to  wear  the  jewel  of  his  office?  The 
brother  occupying  the  East  must  be  recognized  as  the  Wor- 
shipful Master,  and  wear  the  jewel  appertaining  to  the 
office.      (1877.    Dec.    16.    Munson,  G.  M.) 

342.  It  is  necessary  to  reinstall  reelected  officers, 
because  being  elected  for  one  year  only,  their  obligation 
does  not  extend  beyond  that  period.  (1877.  Dec.  16. 
Munson,  G.  M.) 

343.  Any  Past  Master  in  good  standing  is  competent 
to  act  as  installing  officer.      (1877.   Dec.    16.    Munson,  G.  M.) 

344.  Any  Master  Mason  in  good  standing  can  preside 
in  the  East,  being  called  thereto  by  competent  authority, 
such  authority  remaining  present  while  the  East  is  so  filled. 
(1877.    Dec.    16.    Munson,  G.  M.) 

345.  No  brother  can  be  admitted  to  membership  while 
residing  in  another  Grand  jurisdiction,  our  Masonic  pro- 
gress being  barred  by  State  lines.  (1877.  Dec.  16.  Mun- 
son, G.  M.) 

346.  Officers  elect  and  absent  at  the  time  of  installa- 
tion can  not  be  installed  by  a  representative,  unless  said 
officer  assents  thereto,  because  an  obligation  taken  by  one 
person  can  not  be  binding  upon  another.  (1S77.  Dec.  16. 
Munson,  G.  M.) 

347.  Resolved,  That  the  Committee  on  Jurisprudence 
be  required  to  report  at  this  Grand  Communication  whether 
a  Mason  who  has  been  an  officer  of  the  Grand  Lodge,  but  is 
at  present  non-affiliated,  is  entitled  to  a  seat  in  the  Grand 
Lodge? 

Your  Committee  beg  to  report  that  in  their  opinion  the 
Past  Grand  Officers    mentioned   in   Article  I,  Section    1,  of 


So  DIGEST    OF     MASONIC    LAW. 

the  Constitution,  are  entitled  to  membership  in  the  Grand 
Lodge  so  long  as  they  comply  with  Article  XIII,  Section  ;, 
of  the  ,By-laws  of  the  Grand  Lodge,  and  the  other  rules  and 
regulations  prescribed  for  the  government  of  the  Craft. 
(1877.    Rep.    36.) 

348.  A  petition  comes  from  a  number  of  the  members 
of  former Lodge,  now  defunct,  asking  for  the  restor- 
ation to  the  rights  of  Masonry  of  a  brother  who  was  suspended 
over  two  years  ago.  The  petition  takes  no  official  form  ;  does 
not  state  that  the  petitioners  constitute  a  legal  majority  of 
the  lodge;  does  not  mention  the  offense  for  which  he  was 
suspended,  nor  whether  there  has  been  reparation  or 
reformation,  nor  application  on  the  part  of  the  suspended 
member  for  restoration.  We,  therefore,  recommend 
that  the  petition  be  returned  for  amendment,  and  to  be 
sent  up  in  a  more  regular  form,  if  desired  by  the  lodge. 
(1877.    Rep.   43-) 

349.  In  a  case    from Lodge.     A   very  singular 

case.  There  appears  to  be  no  charge  against  Mr.  Smith's 
moral  character,  but  in  open  lodge  he  stated  that  he  had 
conscientious  scruples  against  being  a  Mason  ;  that  he  had 
derived  no  benefit  from  it;  that  he  would  never  sit  in 
another  lodge  or  obey  another  summons;  and  that  he 
believed  its  teachings  were  contrary  to  the  Bible.  Upon 
the  trial  he  reiterated  these  opinions,  and  said  he  desired  to 
be  cut  off  from  the  lodge,  and  much  of  the  same  import. 
From  the  whole  case,  it  strikes  the  Committee  that  a  disin- 
clination to  pay  dues  had  much  to  do  with  Mr.  Smith's 
scruples.  Expulsion  by  the  lodge  confirmed.  (1877. 
Rep.   45-) 

350.  In    the    case  from Lodge,   charged    with 

gross  Unmasonic  conduct,  upon  a  specification  of  failure  to 
obey  a  legal  summons,  the  party  not  only  failed  to  obey  the 
summons,  but  said  that  the  lodge  might  do  what  they 
pleased,  he  would  pay  no  attention  to  it,  we  recommend 
that  the  sentence  of  expulsion  be  affirmed.  (1877. 
Rep.   45-) 


DIGEST     OF     MASONIC    LAW.  hi 

351.  In  a  case  from Lodge,  where  a   brother 

was  charged  with  a  single  act  of  drunkenness,  and  suspended 
for  six  months,  the  Master  sends  up  an  appeal  for  mercy, 
the  brother  having  expressed  contrition  for  his  offense,  and 
the  Committee  approve  the  appeal,  and  recommend  the  sen- 
tence be  changed  to  a  private  reprimand  by  the  Master. 
(1877.    Rep.   45-) 

352.  In  the  case  from Lodge,  the  brother  was 

tried  upon  several  specifications,  the  first  of  which  is  strong 
enough  to  warrant  the  sentence,  and  the  evidence  raises  a 
strong  suspicion  of  guilt,  but,  unfortunately,  it  is  purely 
hearsay  testimony,  and  the  lodge  can  not  properly  act  upon 
it.  The  same  thing  is  true  of  the  third  specification.  As 
to  the  second  specification,  which  is  for  failing  to  pay  a 
draft,  though  able,  the  Committee  are  of  the  opinion  that 
the  assistance  of  Masonry  to  collect  debts  should  be  rarely 
invoked,  if  ever,  and  we  should  hesitate  to  have  the  sen- 
tence of  indefinite  suspension  affirmed  upon  the  least 
important  of  the  specifications.  If  the  accused  had  collected 
money  for  a  distressed  Master  Mason's  widow  and  failed  to 
pay  it  over,  let  him  be  tried  for  that;  let  the  witnesses  be 
examined  by  the  lodge,  which  can  be  temporarily  called  off 
if  the  witness  is  a  woman  or  a  profane;  and  if  he  is  found 
guilty,  let  him  be  suspended  or  expelled.  We,  therefore, 
recommend  that  this  case  be  returned  to  the  lodge  for  a  new 
trial.      (1877.    Rep.   45.) 

353.  In  the  case  from Lodge,  who  expelled  a 

brother  for  violating  his  obligation,  in  that  he  used  low  and 
abusive  language  concerning  a  Master  Mason,  and  that  he 
struck  a  Master  Mason,  the  said  blow  not  being  in  self- 
defense,  we  recommend   it   be    affirmed.       (1877.    Rep.   49.) 

354.  In  the  case  from  Lodge,    who    expelled 

for  receiving  ten  dollars  from  a  profane  to  be  paid 

to  the  lodge  as  a  part  of  the  fees  for  the  three  degrees,  and 
converting  the  same  to  his  own  use  and  not  paying  the  same 
to  the  lodge,  we  recommend  that  it  be  affirmed.  (1877. 
Rep.  50.) 


82  DIGEST     OF    MASONIC     LAW. 

355.  In  the  case  from  — —  Lodge,  a  transcript  is  sent 
up  which  is  fatally  defective  in  the  following  particulars :  1  st, 
It  does  not  appear  that  the  charges  and  specifications  were 
ever  properly  made.  2nd,  It  does  not  appear  that  the 
accused  was  served  with  a  copy  of  the  charges  and  specifica- 
tions ten  days  before  the  day  appointed  for  trial.  3rd,  A 
deposition  taken  before  the  coroner's  jury  was  the  only  evi- 
dence before  the  lodge,  and  this  not  set  out.  The  charge 
was  murder,  and  we  recommend  that  the  transcript  be 
returned  to  the  lodge,  and  that  a  new  trial  be  ordered. 
(1877.   Rep.   50.) 

356.  Resolved,  That  the  Committee  on  Jurisprudence 
be  instructed  to  define  the  rights  of  a  Master  Mason,  whose 
dimit  and  petition  for  affiliation  have  been  filed  with  a 
lodge,  pending  the  action  of  the  lodge  on  the  petition  for 
membership. 

Your  Committee  have  had  the  same  under  considera- 
tion, and  beg  leave  to  report  that  your  Committee  are  of 
opinion  that  the  status  of  such  Mason  is  that  of  a  non-affil- 
iated one.  He  has  withdrawn  from  the  lodge  of  which  he 
was  formerly  a  member,  and  does  not  become  a  member  of 
the  lodge  receiving  the  petition  until  a  vote  has  been  had 
under  the  prescribed  rules  of  the  Craft,  and  a  favorable 
result  declared  thereon.      (1877.    Rep.    51.) 

357.  The  Committee,  to  whom  was  referred  that  por- 
tion of  the  Grand  Master's  address,  which  alludes  to  the 
fact  that  the  great  fundamental  principle  which  underlies 
Masonry,  to- wit:  the  belief  in  the  God  of  the  Bible,  has 
been  stricken  from  the  constitution  of  a  body  of  men  who 
claim  to  be  Masons,  recommend  the  adoption  of  the  follow- 
ing: 

Resolved,  That  we  denounce  this  innovation  upon  one 
of  the  Ancient  Landmarks  of  Masonry  as  a  blot  upon  civiliza- 
tion, the  entering  wedge  by  which  Masonry  will  be  brought 
into  disrepute,  and  ultimately  be  made  a  by-word  and 
reproach  to  Christianity;  that  the  seal  of  condemnation  of 
this  Grand  Body  should  be  put  upon  this   movement  in  its 


DIGEST    OF     MASONIC     LAM'.  83 

incipiency,  not  to  explain  the  belief  of  this  Grand  Lodge, 
but  that  those  who  are  to  come  after  us  shall  be  apprised  of 
the  unmistakable  position  taken  upon  this  question,  and 
have  the  benefit  and  support  of  those  who  have  gone  before 
them.     (1877.    Rep.    57.) 

358.  The  passages  from  the  Bible,  published  in  our 
Masonic  charts  and  read  during  the  introductory  ceremonies 
of  conferring  the  degrees,  are  intended,  and  when  impress- 
ively read,  well  calculated  to  convey  lasting  impressions  on 
the  minds  of  the  candidates,  and,  as  a  rule,  should  not  be 
omitted,  but  the  substituting  of  music,  either  vocal  or 
instrumental,  especially  when  the  Scriptures  are  paraphrased 
so  as  to  be  chanted  or  sung,  as  is  almost  the  invariable  rule 
in  Masonic  music,  is  a  matter  for  the  discretion  and  good 
judgment  of  intelligent  Masters  of  lodges,  where  we  think 
it  may  be  safely  intrusted.      (1877.    Rep.   62.) 

359-  Q-  Would  the  testimony  of  an  expelled  Mason 
be  admissible  in  a  Masonic  trial? 

A.  It  would  not  under  certain  circumstances.  If 
expelled  on  account  of  a  violation  of  his  O.  B.,  he  would 
not  hesitate  to  falsify  his  word.  (1878.  Dec.  8.  Munson, 
G.  M.) 

360.  Q.  Can  a  Secretary  use  the  seal  of  the  lodge 
without  authority  from  the  lodge? 

A.  He  can,  by  order  of  the  W.  M.  If  he  uses  it  other- 
wise, and  it  is  made  apparent,  the  lodge  can  apply  the 
remedy.      (1S78.    Dec.   8.    Munson,  G.  M.) 

361.  Q.  Can  matters  in  the  hands  of  the  Reference 
Committee  be  withdrawn, and  acted  upon  before  they  report? 

A.  A  lodge  can  at  any  time  withdraw  any  matter  from 
the  hands  of  any  committee,  and  act  independently  there- 
upon.      (1878.    Munson,  G.  M.) 

362.  Q.  If  officers  are  elected,  and  installed  in  oppo- 
sition to  the  law  of  the  Grand  Lodge,  is  such  a  lodge  duly 
constituted,  and  are  its  acts  legal? 

A.      Such  an  election  and  installation  is  illegal,  and  the 


84  DIGEST    OF     MASONIC     LAW. 

acts  of  a  lodge    so   constituted  are    null  and   void.      (1878. 
Dec.   8.    Munson,  G.  M.) 

363.  Q.  Can  a  candidate  who  has  lost  part  of  his 
shoulder  bone  be  elected  to  take  the  degrees? 

A.  If  he  can  comply  with  Sec.  1,  Chap.  10,  of  the 
Masonic  Code,  and  make  the  signs,  he  can.  (1878.  Dec.  9. 
Munson,  G.  M.) 

364.  Q.  At  a  regular  meeting  of  our  lodge,  a  brother 
was  elected  Senior  Warden,  to  which  position  he  was  sub- 
sequently installed  by  proxy.  He  declines  the  office, 
refuses  to  serve,  and  asks    a  dimit.      What    shall  be  done? 

A.  If  the  Senior  Warden  elect  did  not  accept  the 
position  to  which  your  lodge  elected  him,  and  give  his 
assent  to  an  installation  by  proxy,  said  installation  is  null 
and  void,  and  he  can  not  be  compelled  to  serve  the  lodge  in 
that  capacity.  If  he  has  complied  with  the  By-laws  of  your 
lodge,  and  no  charges  appear  against  him,  he  is  entitled  to 
a  dimit.      (1878.    Dec.   9.   Munson,  G.  M.) 

365.  Q.  A.  B.,  an  expelled  Mason  petitions  for  restora- 
tion, but  before  the  next  regular  meeting  of  the  lodge, 
wants  to  withdraw  his  petition;  can  it  be  done? 

A.  If  the  petition  has  not  been  presented  to  the  lodge 
in  regular  meeting,  the  W.  M.  has  the  power  to  order  its 
return;  but  if  it  has  been  so  read,  it  is  the  property  of  the 
lodge,  and  must,  like  all  other  petitions,  take  the  regular 
course.     (1878.    Dec.   9.    Munson,  G.  M.) 

366.  Q.  Is  there  any  way  an  expelled  member  can  be 
restored  to  all  the  rights,  benefits  and  privileges  of  Masonry, 
except  by  the  lodge  which  expelled  him? 

A.  Yes;  the  Grand  Lodge  can  grant  such  restoration, 
but  the  lodge  only  from  which  he  was  expelled  can  confer 
membership.      (187S.    Dec.   9.    Munson,  G.  M.) 

367.  Q.  When  charges  are  brought  against  a  member, 
and  he  submits  and  asks  clemency,  is  not  the  lodge  bound 
to  grant  it  without  an  investigation  and  trial? 

A.     A  trial  would  be  superfluous,  because  the  brother 


DIGEST     OF     MASONIC     LAW.  85 

submits;  but  it  is  discretionary  with  the  lodge  whether  or 
not  it  will  grant  the  clemency  desired.  (1878.  Dec.  9. 
Munson,  G.  M.) 

368.  Q.  Can  a  lodge  legally  elect  officers  at  any  other 
time  than  that  prescribed  in  the  Masonic  Code? 

A.  They  can  not,  unless  by  a  dispensation  of  the 
Grand  Master.      (1878.    Dec.   9.    Munson,  G.  M.) 

369.  Q.  Has  the  W.  M.  the  power  to  order  a  false 
entry  to  be  made  in  the  minutes? 

A.  He  may  assume  the  authority,  but  he  has  no  legal 
right.      (1878.    Dec.   9.    Munson,  G.  M.) 

370.  In  the  records  of Lodge,  we  find  that  they 

seem  to  adopt  the  minutes  of  each  meeting  at  the  next  suc- 
ceeding meeting,  when  the  regular  custom  is  to  adopt  the 
minutes  of  each  meeting  before  the  lodge  is  closed.  We 
also  find  that,  on  one  occasion,  balloting  was  done  while 
the  lodge  was  open  in  the  E.  A.  degree,  and  that  a  F.  C. 
was  examined  in  proficiency  in  a  Master  Mason's  lodge. 
(1878.    Rep.    24.) 

371.  Where  a  transcript  does  not  show  that  the  speci- 
fications and  charges  were  filed  at  a  Regular  Communication, 
or  that  the  accused  was  served  with  a  copy  thereof  ten  days 
before  trial,  the  evidence  was  irregularly  taken,  and  set  out 
obscurely,  and  no  certificate  is  attached  by  the  Secretary, 
it  will  be  returned  to  the  lodge  for  correction.  (1878. 
Rep.   36.) 

372.  In  the  case  of  a  brother  from Lodge,  who 

was  charged  with  being  in  a  state  of  intoxication  on  the 
public  streets,  the  evidence  shows  that  the  accused  was  con- 
siderably under  the  influence  of  liquor  on  a  certain  day.  It 
is  not  shown  that  he  was  ever  intoxicated  before  that  day, 
or  that  he  persisted  in  the  practice  of  getting  drunk  "after 
due  admonition  and  warning."  He  was  indefinitely 
suspended.  We  do  not  think  the  offense  justified  the  sen- 
tence of  the  lodge.  It  is  recommended  that  the  decision  of 
the  lodge  be  reversed,  and  that  the  accused  be  brought 
before  the  lodge  and  reprimanded.      (1878.    Dec.   46.) 


86  DIGEST    OF     MASONIC    LAW. 

373.  In   a  case    from Lodge,    a    brother    was 

accused  with  falsely  charging  a  brother  Master  Mason  with 
adulterating  liquor,  and  that  the  brother  (tried)  endeavored 
to  extort  money  from  said  brother  Master  Mason  by  threat- 
ening him  with  a  prosecution  in  the  federal  court  and 
incarceration  in  the  Albany  penitentiary;  also  charged  with 
grossly  slandering  said  brother  Master  Mason  on  divers 
occasions.  The  evidence  fully  warranted  the  finding  and 
the  sentence,  and  we  recommend  the  action  of  the  lodge  be 
affirmed.      (1878.    Rep.   46.) 

374.  In  the  case  from Lodge,  the  accused  was 

charged  with  slaying  a  fellow  man,  without  due  provocation 
or  sufficient  excuse,  and  was  indefinitely  suspended.  The 
evidence  fully  warranted  expulsion,  and  the  accused  has  no 
right  to  complain  of  the  lodge.  We  recommend  that  the 
sentence  be  affirmed.      (1878.    Rep.   47.) 

375.  The    memorial   from Lodge,   asking  the 

Grand  Lodge  to  define  the  jurisdiction  of  Subordinate 
Lodges,  has  also  been  examined  by  your  Committee.  The 
question  involved  in  the  memorial  is,  by  what  rule  should 
the  territorial  jurisdiction  of  lodges  be  determined,  by  an 
air  line,  or  by  the  most  convenient  routes  of  travel?  We 
think  an  air  line  is  the  best.  While  there  are  many  instances 
and  many  localities  where  boundaries  other  than  air  lines 
would  be  more  convenient,  yet,  to  avoid  all  possible  compli- 
cations and  misunderstandings,  it  is  best  to  be  governed  by  an 
unchangeable  rule.  We,  therefore,  recommend  that  in 
determining  the  jurisdiction  of  Subordinate  Lodges,  the 
rule  shall  be  by  an  air  line.  Wherever  difficulties  of  this 
kind  may  exist,  they  may  be  easily  obviated,  either  by  a 
dispensation  from  the  Grand  Master,  or  by  the  consent  of 
the  lodges  whose  jurisdiction  may  be  affected  by  such 
departure  from  established  rules.      (1878.    Rep.    54.) 

376.  The  Committee  to  whom  was  referred  that  por- 
tion of  the  Grand  Master's  address  touching  the  proposition 
of  the  Grand  Orient  of  France,  to  establish  lodges  in  Ameri- 
ca in  whose  workings  the  existence  of  a  Supreme   Being  will 


DIGEST    OF     MASONIC     LAW.  87 

be  ignored  and  denied,  recommend  the  adoption  of  the  fol- 
lowing resolutions: 

Resolved,  That  the  Subordinate  Lodges  of  this  Grand 
Jurisdiction  be  and  they  are  hereby  forbidden  to  receive, 
acknowledge  or  aid  any  person  belonging  to  a  lodge  wherein 
the  existence  of  a  Supreme  Being  is  ignored  or  denied. 

Resolved,  That  any  lodge  or  lodges  established  in  this 
Grand  Jurisdiction  by  the  Grand  Orient  of  France,  will  be 
clandestine  lodges,  and  must  be  so  treated  by  the  members 
of  the  Lodge  Subordinate  Lodges  working  under  this  Grand. 
(1878.    Rep.  57.) 

377.  A  profane  applies  for  admission  into  a  lodge  in 
this  State  and  is  rejected.  He  goes  on  a  visit  to  his  native 
land,  Scotland,  and  while  there  receives  the  degrees.  Upon 
his  return  to  his  home  he  presents  his  credentials  and 
applies  to  enter  the  lodge. 

The  lodge  should  not  receive  him.  He  was  a 
sojourner  while  abroad,  and  could  only  have  been  admitted 
into  the  lodge  in  Scotland  by  withholding  important  infor- 
mation, to- wit:  the  fact  of  his  application  and  rejection  in 
North  Carolina.  Surely  he  could  not  have  been  initiated 
had  this  been  communicated  to  the  lodge  in  Scotland, 
unless  that  lodge  had  been  strangely  unobservant  of  the 
common  law  of  Freemasonry,  that  is,  a  candidate  must 
apply  for  the  degrees  where  he  resides  and  is.best  known, 
and  that  one  brother  shall  not  supplant  another  in  his  work. 
(1878.    Dec.    9.   Cox,  G.  M.) 

378.  A  receives  the  E.  A.  degree  and  thereafter  the 
lodge  in  which  he  is  initiated  forfeits  its  charter.  The 
members  of  that  lodge  then  become  the  material  of  the 
nearest  lodge.  A  certificate  by  the  Secretary  of  the  defunct 
lodge,  reciting  the  fact  that  A  had  taken  the  E.  A.  degree, 
and  requesting  a  more  distant  lodge  to  confer  the  remaining 
degrees,  is  entitled  to  no  consideration.  (1879.  Dec.  9. 
Cox,  G.  M.) 

379.  A,  residing  near  the  State  line,  desires  a  dimit  to 
join  a  nearer  lodge  in  a  neighboring  State,  and  wishes  still  to 


88  DIGEST    OF     MASONIC     LAW. 

retain  his  connection  with  the  Grand  Lodge  of  this  State. 
The  jurisdiction  of  our  lodges  is  determined  by  vState  lines, 
and  this  can  not,  therefore  be  allowed.  (1879.  Dec.  9. 
Cox,  G.  M.) 

380.  In  Masonic  trials  truth  is  the  object  aimed  at ; 
verbal  technicalities  and  objections  are  not  favored,  and 
should  never  be  permitted  to  obstruct  the  ends  of  justice. 
The  accusation  should  be  clearly  set  forth  and  distinctly 
met.      (1879.    Dec.   9.   Cox,  G.  M.) 

381.  When  the  accused  employs  counsel  for  his 
defense,  the  accuser  may,  with  the  consent  of  the  lodge, 
employ  counsel  to   prosecute.      (1879.    Dec.   9.   Cox,  G.  M.) 

382.  Charges  should  always  be  preferred  in  writing, 
but  if  a  brother,  anticipating  that  charges  will  be  preferred, 
asks  a  dimit,  and  another  brother  rises  and  verbally  states 
the  substance  of  the  charges  he  intends  to  prefer,  a  reason- 
able time  will  be  given  for  the  preparation  of  the  charges 
before  the  application  for  dimit  is  acted  upon.  (1879. 
Dec.    10.   Cox,  G.  M.) 

383.  It  is  not  necessary  for. the  Committee  on  Orphan 
Asylum  to  report  when  they  have  collected  nothing ;  but 
their  next  report  or  remittance  must  include  the  time  not 
accounted  for.  It  is  difficult,  however,  to  discover  why 
there  is  nothing  to  remit,  if  there  has  been  a  communica- 
tion.     (1879.    Dec.    10.   Cox,  G.  M.) 

384.  A  Master  Mason,  under  sentence  of  indefinite 
suspension,  can  be  tried  for  gross  Unmasonic  conduct  com- 
mitted since  his  suspension,  and,  if  his  conduct  deserve  it, 
be  expelled.      (1879.    Dec.    10.   Cox,  G.  M.) 

385.  A  Master  Mason  dismembered  for  non-payment 
of  dues  is  entitled  to  be  restored  upon  petition  accompanied 
by  the  payment  of  his  arrears.    (1879.    Dec.  10.   Cox,  G.  M.) 

386.  A  lodge  cannot  entertain  a  petition  from  a  minis- 
ter for  initiation  unless  accompanied  by  the  fee ;  it  can  be 
returned  to  him  if  it  be  a  genuine  case  of  charity — not  oth- 


DIGEST    OF     MASONIC     LAW.  89 

erwise.     There  is  no  distinction   of  callings   or  profession. 
(1879.    Dec.  10.   Cox,  G.  M.) 

387.  During  the  year  I  received  a  dispatch  from  a  Past 
Grand  officer  inquiring  whether  I  could  issue  a  dispensation 
to  bury  with  Masonic  honors  a  highly  esteemed  citizen  and 
physician  who  through  inadvertance  suffered  his  name  to  be 
dropped  from  the  roll  of  his  lodge.  I  replied  that  if  it 
arose  from  inadvertance  I  could  grant  the  relief.  The  dis- 
pensation, however,  was  not  applied  for  and  none  was 
issued. 

The  attention  of  the  Grand  Lodge  is  especially  directed 
to  this  ruling,  inasmuch  as  some  highly  respected  brothers 
differ  with  me,  and  regard  this  an  innovation,  contending 
that  our  Code  provides  that  non-affiliates  are  excluded  in  all 
cases  from  the  rite  of  Masonic  burial.  I  concede  that  the 
Grand  Master  can  do  nothing  which  the  Grand  Lodge  for- 
bids him  to  do,  in  accordance  with  the  Ancient  Landmarks, 
but  he  can  do  all  things  else  which  long  usage  has  recog- 
nized, even  though  there  be  no  express  law  of  the  Grand 
Lodge  granting  the  power.  In  other  words,  he  should  exer- 
cise a  supervising  care  and  guardianship  over  the  Craft,  and 
may  do  all  things  which  are  not  positively  forbidden  in  order 
to  promote  the  well  being  of  the  Fraternity.  Mitchell  says 
in  his  Digest:  "When  the  Grand  Master  is  apprised  of  the 
existence  of  an  error,  evidently  the  result  of  ignorance,  or 
even  when  a  known  law  has  been  transcended  under  a  firm 
conviction  that  the  interests  of  Masonry  imperatively  demand 
it,  he,  in  the  recess  of  the  Grand  Lodge,  not  only  has  the 
power,  but  it  becomes  his  duty  to  act."  For  example,  if  a 
lodge  has  acted  without  law  the  Grand  Master  may,  in  some 
instances,  validate  its  action.  Just  as  a  court  may  set  aside 
a  judgment  involving  important  rights,  if  obtained  through 
"the  inadvertance,  surprise  or  excusable  neglect"  of  another, 
so  Masonry,  ever  seeking  to  administer  the  highest  equity, 
should  establish  no  more  arbitrary  rule  or  take  advantage  of 
the  inadvertance  of  a  brother.  It  is  not  claimed  that  the 
Grand  Master  can  restore  to  membership,  or  can  in  any 
12 


(jo  DIGEST    OF    MASONIC     LAW. 

manner  interfere  with  the  rights  of  Subordinate  Lodges, 
but  at  the  request  of  the  brethren  he  may  grant  a  dispensa- 
tion in  a  case  like  the  one  under  consideration.  I  am  con- 
firmed in  this  ruling  by  our  eminent  brother  Albert  Pike, 
who  says  in  a  letter  to  me:  "If  your  Code  is  not  preemp- 
tory,  to  the  effect  that  one  becoming  non-affiliate  shall  not 
have  Masonic  burial,  I  think  the  expression  'not  entitled  to 
it'  should  only  be  taken  to  mean  that  such  burial  is  not  a 
matter  of  strict  right,  but  can  only  be  had  when  under  the 
circumstances  the  party  is  not  justly  chargeable  with  having 
so  neglected  the  duties  of  Masonry  as  nOt  to  have  deserved 
the  honor  of  Masonic  burial."  (1879.    Dec.     10.    Cox,  G.  M.) 

388.  In  the  case  of  the  appeal   of   Bro.  -         -  and  ten 

others  from    the    decision    of Lodge    in    acquitting 

Bro. ,  and  asking  that  a  new  trial  be  ordered,  we  rec- 

ommend  that  the  appeal  be  dismissed  for  the  following 
reasons:  1,  Because  the  appeal  being  substantially  against 
the  Master  or  the  lodge  is  not  signed  by  a  majority  of  the 
members  of  the  said  lodge,  as  required  by  Section  1,  Arti- 
cle XVII,  of  the  Masonic  Code.  2,  Because  the  remedy, 
if  any,  is  by  bringing  charges  against  the  Master  in  accord- 
ance with  Section  2  of  Article  XVII  of  the  Masonic  Code. 
(1879.    Rep.   40.) 

389.  Visitors  should  not  be  admitted  at  trials  except 
as  counsel  or  witnesses.      (1879.    Rep.   46.) 

390.  One  who  is  dismembered  for  non-payment  of 
dues  is  entitled  to  be  restored  to  membership  upon  his  pav- 
ing the  amount  that  is  due ;  that  his  application  cannot  be 
rejected  unless  charges  are  preferred  against  him,  which 
may  be  done  for  causes  which  have  arisen  during  his  term 
of  dismemberment.       (1880.  Dec.   8.   Cox,  G.   M.) 

391.  In  a  case  from  -  —  Lodge,  the  Grand  Lodge 
approved  the  finding  of  guilty  against  a  brother  charged 
with  gross  Unmasonic  conduct.  The  sentence  of  twelve 
months  suspension  was  set  aside,  and  the  lodge  directed  to 
change  the  sentence  from  suspension  to  expulsion.  (1880. 
Rep.  38.) 


DIGEST    OF      MASONIC     LAW.  91 

392.  A  Master  Mason  of  moderate  means,  who  has  a 
wife  and  children  dependent  on  him  for  support,  can  not  be 
tried  and  suspended  or  expelled  for  not  preventing  his 
mother  becoming  a  county  charge.  (1881.  Dec.  9.  Grainger, 
G.    M.) 

393.  A  petitioner  whose  leg  has  been  amputated  below 
his  knee  is  ineligible  to  take  the  degrees.  (188 1.  Dec.  9. 
Grainger,  G.  M.) 

394.  A  petitioner  whose  knee  is  so  stiff  as  to  be 
unable  to  conform  to  the  ceremonies  of  initiation,  passing 
and  raising,  is  ineligible  to  receive  the  degrees.  (1881.  Dec. 
9.    Grainger,  G.  M.) 

395.  A  was  initiated  an  E.  A.  in  a  lodge  in  South  Car- 
olina; his  lodge  became  defunct;  he  afterwards  moved  to 
this  State  and  applied  to  a  lodge  here  for  the  second  and 
third  degrees.  He  is  the  property,  Masonically,  of  the 
Grand  Lodge  of  that  State,  and  his  petition  can  not  be 
acted  upon  without  the  consent  of  that  Grand  Lodge,  or  its 
Grand  Master,  properly  certified.  (1881.  Dec.  9.  Grainger, 
G.  M.) 

396.  In    a  case    from Lodge,   the  charge  was 

"speaking  evil  of  a  brother  Master  Mason,"  and  the  speci- 
fication was  "Telling  things  to  one  R.,  a  road  master,  etc., 
that  were  calculated  to  injure  S.,  a  Master  Mason,  and  sec- 
tion master,  with  a  view  of  having  him  (S.)  discharged. " 
The  specification  does  not  set  forth  the  language  used,  the 
date  of  the  offense,  nor  the  place  where  the  offense  was 
committed. 

The  accused  appeared  as  his  own  counsel,  and  was 
asked  if  he  had  reported  S.  with  an  intent  to  have  him  dis- 
charged. This  he  refused  to  answer.  If  he  had  not  bv  his 
plea  of  "not  guilty"  denied  the  charge,  this  might  have 
been  taken  as  evidence  against  him.  The  other  evidence 
introduced  was  a  statement  made  by  the  accused  before  a 
committee  of  the  lodge,  which  did  not  bear  out  the  charge. 
The  verdict  was  guilty  and  the  sentence  expulsion.      The 


92  DIGEST     OF     MASONIC     LAW. 

charge  was  not  sustained,  and  the  decision  of  the  Subordi- 
nate Lodge  should  be  reversed,  and  the  accused  restored  to 
all  the  rights  of  Masonry.      (1881.    Rep.    34.) 

397.  The  Grand  Lodge  has  authority  to  modify  the 
decisions  of  all  Subordinate  Lodges.      (1881.    Rep.   35.) 

398.  In  the  case  from  -  -  Lodge  of  Bro. 
charged  with  taking  cotton  held  by  attachment,  for  which 
he  was  convicted  and  expelled,  it  is  recommended  that  the 
proceedings  of  the  lodge  be  set  aside,  the  sentence  re- 
versed, and  the  brother  restored  to  the  rights  of  the  Order, 
because;  1,  It  nowhere  appears  that  the  brother  was  not 
entitled  to  the  possession  of  the  cotton,  or  that  taking  the 
same  was  in  any  way  an  immoral  or  Unmasonic  act,  and  the 
attempt  of  the  lodge  to  adjudicate  the  validity  of  the  process 
issued  by  the  magistrate  was  entirely  unwarranted. 

2,  It  is  not  the  duty  of  lodges  to  interfere  with  the 
action  of  parties  in  the  courts,  or  to  adjust  any  rights 
obtained  therein ;  but  in  cases  where  a  brother  has  been 
convicted  by  a  court  of  some  criminal  offense,  which  would 
render  him  an  unworthy  member  of  the  Order,  it  would  be 
proper  for  a  lodge  having  jurisdiction  to  try  him,  and,  if 
found  guilty,  inflict  the  proper  penalty.  In  the  case  before 
us  no  trial  by  a  civil  court  was  had,  and  of  course,  no  pen- 
alty inflicted. 

3,  The  sentence  of  expulsion  is  wholly  unwarranted  bv 
the  facts  produced  on  the  trial,  and  out  of  proportion  to  the 
offense,  admitting  it  to  be  one  of  a  Masonic  character.  (1881. 
Rep.  41.) 

399.  While  instances  may  occur  justifying  and  requir- 
ing the  Grand  Master  to  exercise  his  high  prerogative  in 
the  face  of  a  positive  enactment,  I  am,  after  a  service  of 
two  years  as  such,  more  than  ever  convinced  that  he  should 
exercise  it  only  in  extreme  cases  and  always  with  very  great 
caution.  Where  the  wrill  of  the  law-making  power  has  been 
regularly  and  properly  ascertained  it  ought  not  to  be  disre- 
garded or  set  aside,  unless  the  circumstances  are  such  as  to 
satisfy  him  that  the  law-making  power,  acting  thereon  with 


DIGEST     OF    MASONIC     LAW.  93 

a  knowledge  of  all  the  facts  and  circumstances,  would 
reverse  its  action  as  to  that  particular  matter.  During  the 
year  I  have  had  several  very  strong  appeals  for  its  exercise. 
I  mention  only  a  few.  One,  a  request  to  allow  a  lodge  to 
receive  and  act  upon  the  petition  of  a  preacher  who  had  not 
resided  twelve  months  within  its  jurisdiction;  another,  from 
a  different  lodge  to  allow  it  to  confer  the  degrees  upon  a 
preacher  without  charging  the  fees  required  by  law.  I  have 
a  profound  respect  and  very  high  regard  for  that  worthy  and 
honorable  class  of  our  fellow  citizens,  but  our  law  is  so  plain 
that  both  were  declined.  Another  lodge  has  balloted  upon 
the  petition  of  a  very  good  man  who  wTas  blackballed — the 
lodge  desired  to  act  upon  the  petition  again  before  the  expi- 
ration of  the  twelve  months — declined.  I  will  mention  only 
one  more.  A  non-affiliated  Mason  died — he  had  been  ex- 
cluded for  non-payment  of  dues — his  family  wished  the 
lodge  to  bury  him  with  Masonic  honors,  and  offered  to  pay 
his  back  dues  for  that  purpose.  I  sympathized  with  his 
stricken  and  bereaved  family.  By  his  own  act  he  had  for- 
feited that  right.  The  law  declared  he  should  not  have  such 
honors.  I  felt  it  my  painful  duty  to  enforce  it  and  did  so. 
(1882.    Dec.   Grainger,  G.  M.) 

400.  By  Article  X  of  the  Constitution,  "no  new  charter 
shall  be  granted  but  upon  the  petition  of  at  least  seven 
known  and  approved  Master  Masons."  By  Sec- 1,  Art!  VI  of 
the  By-laws  and  Edicts  of  the  Grand  Lodge '  'dispensations  for 
any  new  lodges  may  be  granted  upon  petition  to  the  Grand 
Master,  or  the  Deputy  Grand  Master,  of  not  less  than  seven 
worthy  Master  Masons."  Seven  worthy  and  approved 
Master  Masons  being  the  smallest  number  to  whom  the 
Grand  Lodge  can  grant  a  charter,  or  the  Grand  Master  or 
Deputy  Grand  Master  a  dispensation  for  a  new  lodge,  it  fol- 
lows that  whenever  the  membership  of  any  lodge  is  reduced, 
by  any  cause,  below  seven,  its  legal  existence  thereupon 
ceases,  and  it  cannot  thenceforth  do  any  work,  or  transact  any 
business  whatever.  Its  property,  furniture,  jewTels,  funds, 
etc.,  become  forfeited  to  the  Grand  Lodge,  to  be  taken  and 


94  DIGEST    OF    MASONIC     LAW. 

disposed  of  as  directed  in  cases  of  suspension  or  demise  of  a 
lodge.      (1881.      Dec.   33.   Grainger,  G.  M.) 

40 r.      In  the  case  from        Lodge,  where  a   brother 

was  charged  with  refusing  to  pay  for  a  still,  we  recommend 
that  the  proceedings  of  the  lodge  be  set  aside,  the  sentence 
reversed,  and  the  brother  restored  to  the  rights  of  the  Order, 
because  we  do  not  think  it  a  subject  for  Masonic  investiga- 
tion.     (r88i.    Rep.   39.) 

402.  Upon  all  such  questions  within  proper  jurisdiction, 
the  best  judgment  and  conscience  of  the  Grand  Master  are 
the  proper  criteria  of  action.  The  facts  and  circumstances 
being  in  his  possession  he  alone  is  best  qualified  to  judge  of 
the  question  of  propriety.  Upon  this  view  of  the  case  we 
sustain  the  action  of  the  Grand  Master  in  the  premises, 
while  a  contrary  decision  and  action  upon  equal  conscien- 
tious motives  would  have  been  equally  correct.  Masonic 
law  embraces  not  only  the  lex  script  a  but  lex  non  script  a. 
The  latter  includes  in  its  circle  the  Grand  Master's  prerog- 
atives, one  of  which  is  the  power  of  dispensation  ;  and  when 
properly  determined,  is  as  sacred  and  inviolable  as  the  for- 
mer. The  Grand  Master  is  the  custodian  in  the  several 
jurisdictions  of  Masonic  tradition.  It  is  his  duty  to  transmit 
this  code  as  pure  as  he  received  it.      (1881.    Rep.   42.) 

403.  A  lodge  U.  D.  and  the  nearest  chartered  lodge 
shall  have  concurrent  jurisdiction  over  candidates  for 
degrees,  just  as  two  chartered  lodges  in  the  same  town 
have;  for,  if  the  absence  of  "territorial  jurisdiction"  be  con- 
strued to  include  jurisdiction  over  candidates,  the  very  pur- 
pose for  which  the  embryonic  lodge  gets  a  dispensation 
may  be  defeated,  and  no  report  of  those  "initiated,  passed 
and  raised,"  which  the  face  of  the  dispensation  requires, 
can  be  made.  This  decision  was  suggested  by  the  claim 
which  a  chartered  lodge  made  of  jurisdiction  over  a  candi- 
date who  was  in  the  prospective  jurisdiction  of  a  lodge  U.  D., 
and  who  had  petitioned  for  the  degrees  to  be  conferred  by 
said  lodge.      (1884.    Dec.    8.   Bingham,  G.  M.) 

404.  It  is  irregular  for  a  lodge  to  have  a  special  meet- 


DIGEST     OF     MASONIC     LAW.  95 

ing  called  to  adjust  differences  between  two  brothers,  and 
then  prefer  charges  against  one,  and  try  him  upon  these 
charges  at  the  same  meeting.  The  Code  expressly  pro- 
vides how  and  when  such  charges  shall  be  preferred. 
(1884.    Rep.   49.) 

405.  Where  a  brother  had  dimitted  from  a  lodge  four 
years  before  the  trial  of  charges  preferred  against  him,  and 
at  the  time  of  the  trial  was  a  resident  of  another  State,  his 
former  lodge  in  this  State  has  no  jurisdiction  over  him. 
(1884.    Rep.   49.) 

406.  In  the  case  of  Brother ,  from Lodge, 

your  Committee  beg  leave  to  report: 

1st,  That,  in  the  judgment  of  the  Committee,  the 
action  of  the  lodge  in  suspending  the  accused  indefinitely 
•should  not  be  sustained,  for  the  reason  does  not  show  he 
was  guilty  of  any  Masonic  offense,  but  rather  that  it  was  a 
simple  and  quiet  controversy  concerning  the  ownership  of  a 
dog. 

Wherefore,  your  Committee  recommend  that  the  sen- 
tence of  the  lodge  in  said  case  be  reversed,  and  they  further 
suggest  that  the  said  lodge  should  be  censured  for  placing 
upon  trial  any  one  of  its  members  upon  specifications  mani- 
festly so  trivial.      (1885.    Rep.    29.) 

407.  Resolved,  That  it  is  the  sense  of  the  Grand  Lodge 
that  a  dimit  take  effect  at  the  time  the  application  for  the 
same  is  acted  upon  by  the  Subordinate  Lodge,  and  that  the 
time  of  its  actual  delivery  by  the  Secretary  has  no  bearing 
on  its  status.      (1885.    Res.   42.) 

408.  A  member  of  a  lodge  was  adjudged  a  lunatic  in 
1 86 1,  and  was  sent  to  the  asylum.  The  Secretary,  without 
any  action  by  the  lodge,  dropped  his  name  from  the  rolls. 
He  has  recently  been  discharged  from  the  asylum  as  cured. 
Held,  that  neither  the  Secretary,  nor,  it  would  seem,  the 
lodge,  had  any  right  to  drop  his  name.  He  remains  a  mem- 
ber of  the  lodge,  and  it  requires  no  vote  to  reinstate  him. 
As  for  his  dues  during  the  period  of   his  insanity,  it  is  not 


()()  DIGEST     OF    MASONIC     LAW. 

* 

to  be  presumed  that  any  lodge  would  seek  to  exact  them. 
Insanity  is  a  disease,  and  does  not  alter  the  relation  of 
a  Mason,  thus  afflicted,  to  his  lodge;  except  that  no  lunatic 
can  enter  the  lodge  room.       (1886.    Dec.   8.    Busbee,  G.  M.) 

409.  A  Mason  becomes  a  member  of  a  lodge  when  he 
signs  the  By-laws.  If,  after  he  is  raised,  a  Mason  refuses 
to  sign  the  By-laws,  or,  after  he  is  warned,  neglects  to  do  so, 
he  becomes  non-affiliate  and  not  entitled  to  Masonic  bene- 
fits. A  member  of  a  lodge  excluded  for  non-payment  of 
dues,  and  afterwards  reinstated,  upon  payment,  is  not 
required  to  sign  the  By-laws  a  second  time.  (1886.  Dec. 
9.    Busbee,  G.  M.) 

410.  An  Englishman  (or  other  alien)  not  naturalized, 
resident  in  this  Jurisdiction  for  twelve  months  or  more,  is 
eligible  to  initiation  and  membership.  (1886.  Dec.  9. 
Busbee,  G.  M.) 

411.  A  Master  of  a  chartered  lodge  during  the  year 
for  which  he  was  elected,  whether  he  has  changed  his  resi- 
dence or  not,  cannot  be  appointed  Master  of  a  lodge  under 
dispensation.      (1886.   Dec.    9.    Busbee,  G.  M.) 

412.  A  deacon,  being  an  installed  officer,  under  the 
North  Carolina  Code,  cannot  receive  a  dimit  for  the  year  for 
which  he  was  appointed.      (1886.    Dec.    9.   Busbee,  G.  M.) 

413.  A  failure  to  attend  a  lodge  in  answer  to  a  sum- 
mons requiring  a  delinquent  to  appear  and  show  cause  why. 
he  should  not  be  dismembered  for  non-payment  of  dues,  is 
an  admission  of  the  justice  and  propriety  of  the  dismember- 
ment. Unless  there  are  unusual  circumstances  attending 
the  case  it  does  not  warrant  the  lodge  in  trying  the  delin- 
quent for  wilful  disobedience  of  summons.  Especially  is 
this  true  when  the  delinquent  is  a  non-resident.  (1886. 
Dec.   9.    Busbee,  G.  M.) 

414.  A  Mason  is  indicted  for  murder,  convicted, 
granted  a  new  trial  in  the  appellate  court,  re-tried,  convicted 
of   manslaughter  and   sentenced.     Charges   were  preferred 


DIGEST    OF     MASONIC     LAW.  97 

against  him  and  the  trial  postponed  to  await  the  verdict  in 
the  courts.  Held,  that  the  notes  of  evidence  in  the  courts 
were  not  evidence  against  him,  unless  admitted  by  consent; 
but  that  upon  a  charge  that  he  had  been  guilty  of  a  felony 
a  record  of  his  conviction  would  be  prima  facie  evidence, 
and  unless  rebutted  to  the  satisfaction  of  the  lodge  would 
justify  a  verdict  of  guilty.      (1886.    Dec.  9.    Busbee,   G.    M.) 

415.  After  a  favorable  ballot  upon  a  petition  for  the 
degrees  in  the  usual  form,  and  the  initiation  of  the  candi- 
date, any  member  of  the  lodge  may  demand  the  ballot  upon 
the  advancement  of  the  candidate,  and  cannot  be  questioned 
as  to  his  reasons  or  motives.  This  is  the  law  in  North  Car- 
olina; the  practice  is  not  uniform  in  all  the  jurisdictions, 
some  requiring  reasons  to  be  stated,  and  others  allowing 
no  ballot  after  the  general  one.  (1886.  Dec.  9.  Busbee, 
G.  M.) 

416.  A  dispensation  should  not  be  granted  to  permit  a 
candidate  to  be  balloted  for  who  has  not  resided  within  the 
jurisdiction  of  the  lodge  for  twelvemonths;  in  such  case  the 
consent  of  the  lodge  having  jurisdiction  in  the  place  from 
which  the  candidate  removed  should  be  obtained.  (1886. 
Dec.  9.    Busbee,   G.    M.) 

417.  A  Mason  who  had  become  non-affiliate  by  non- 
payment of  dues  (his  failure  to  pay  arising  partly  from 
want  of  means  caused  by  ill-health),  desires  to"  be  reinstated, 
and  had  slowly  accumulated,  by  day  labor,  money  to  pay  his 
dues.  He  was  taken  ill  and  died  before  reinstatement. 
Upon  a  petition  by  the  lodge  for  a  dispensation  to  burv  him 
with  Masonic  honors.  Held,  that  as  it  was  stated  that  if  the 
facts  had  been  fully  known  the  Mason  would  not  have  been 
dismembered,  it  was  one  of  the  rare  cases  in  which  a  dis- 
pensation should  be  granted  to  bury  a  non-affiliate  with 
Masonic  honors.      (1886.    Dec.   9.    Busbee,  G.  M.) 

418.  That  portion  of  the  Grand  Master's  address  marked 
as  Decision  No.  10  having  been  referred  to  them,  they  are 
of  opinion  that  the  action  of  the  Grand   Master   should   be 

13 


98  DIGEST    OF     MASONIC    LAW. 

sustained  an'd  approved,  owing  to  the  peculiar  circumstances 
attending  the  case  considered  by  him. 

In  rendering  this  opinion  your  Committee  have  looked 
to  the  motives  which  evidently  influenced  our  Grand  Master 
in  this  seeming  departure  from  the  law  as  we  have  hereto- 
fore understood  it.  In  the  exercise  of  his  discretion  he  has, 
in  our  opinion,  shown  the  high  regard  in  which  he  holds 
the  privileges,  as  well  as  the  rights,  of  a  Master  Mason. 

But  your  Committee  desire  particularly  and  emphatically 
to  call  the  attention  of  the  members  of  the  Grand  Lodge  to 
the  fact  that  this  decision  should  not  be  viewed  in  the  light 
of  a  precedent. 

The  penalty  of  non-affiliation  is  clearly  and  unequivo- 
cally prescribed  by  law,  and  rare  indeed  should  be  the  case 
which  warrants  its  remission.      (1886.    Rep.    43.) 

419.  No  dispensation  will  be  granted  to  permit  a 
lodge  under  dispensation  to  work  with  less  than  seven  mem- 
bers of  the  lodge.      (1886.    Dec.    Busbee,   G.  M.) 

420.  In  no  case  from  a  general  verdict  of  not  guilty, 
can  an  accuser  or  any  Master  Mason  take  an  appeal  to  the 
Grand  Lodge.  In  the  Committee's  opinion,  such  a  verdict 
ends  the  case,  and  the  brother  accused  cannot  afterwards  in 
any  manner  be  placed  in  jeopardy  of  his  Masonic  life  upon 
the  same  charge.  In  connection  with  the  decision  reported, 
the  minority  report  asks  the  question  :  "Can  an  accuser," on 
the  trial  of  a  brother  for  Unmasonic  conduct,  or  any  other 
charge,  appeal  from  the  decision  of  the  lodge  on  a  general 
verdict  of  not  guilty?"  which  they  answer:  "It  is  the  sense 
of  the  Grand  Lodge  of  North  Carolina  that  an  accuser  shall 
have  the  right  of  appeal  from  a  general  verdict  of  not 
guilty  to  the  Grand  Lodge,"  which  minority  report  was 
voted  down.      (1886.    Rep.   31.) 

421.  Respecting    the   case    of   a    brother  from 

Lodge,  the  Committee  are  of  the  opinion  that  the  evidence 
does  not  disclose  such  facts  as  would  warrant  a  sentence  so 
severe,  and  recommend  that  the  sentence  be  revoked  and 
the  judgment  of  expulsion  be  reversed.      The  charge  is  for 


DIGEST     OF    MASONIC     LAW.  99 

drunkenness,  and  the  evidence  does  not  show  that  the 
accused  is  an  habitual  drunkard,  nor  does  it  show  that 
milder  measures  were  first  adopted  for  his  reformation. 
The  evidence  being  so  slight,  your  Committee  have  not  felt 
themselves  warranted  in  even  recommending  the  infliction 
of  a  punishment  less  in  degree  than  expulsion.  (1886.  Rep, 
38.) 

422.  Respecting  the  case  of  ■ —  Lodge  vs.  — - — , 

your  Committee  are  of  opinion  that  the  judgment  of  Subor- 
dinate Lodge  should  be  set  aside  and  the  sentence  revoked. 
This  is  a  case  in  which  the  brother  was  accused  of  drinking 
intoxicating  liquors,  selling  spirituous  liquors  and  abandon- 
ing his  family.  At  a  Special  Communication  appointed 
for  his  trial,  he,  although  notified,  failed  to  appear.  At  the 
next  Regular  Communication  a  specification  was  added  that 
he  had  failed  to  obey  a  lawful  summons.  Another  Special 
Communication  was  ordered,  and  the  accused  was  tried  upon 
the  last  named  specification  and  was  declared  expelled. 
There  appears  no  evidence  in  the  transcript  furnished  your 
Committee,  proof  of  this  specification,  under  the  circum- 
stances does  not  support  the  charge  of  Unmasonic  conduct. 
And  further,  it  is  not  shown  by  the  transcript  that  any 
copy  of  this  last  specification  was  ever  furnished  the 
accused.  Before  leaving  this  case,  your  Committee  desire 
to  intimate  that,  in  their  view,  the  accused-  may  still  be 
tried  upon  the  charge,  supported  by  evidence  establishing 
the  truth  of  the  specification  that  he  has  abandoned  his  fam- 
ily, or  upon  a  charge  of  habitual  drunkenness,  if  by  proper 
and  convincing  evidence  it  can  be  made  to  appear  that  he 
is  an  habitual  drunkard.      (1886.    Rep.   38.) 

423.  A  Mason  applying  for  membership,  with  a  dimit, 
does  not  come  within  the  operation  of  the  section  of  the 
Code,  Art  VI,  Sec.  8,  which  requires  twelve  months  pre- 
vious residence  before  the  petition  can  be  entertained. 
(1887.    Dec.    10.    Busbee,  G.  M.) 

424.  A  Mason  was  elected  Treasurer;  after  his  elec- 
tion, but  before  his  installation,  it  was  discovered  that  his 


TOO  DIGEST    OF     MASONIC     LAW. 

financial  record  towards  his  creditors  was  very  unsatis- 
factory, but  the  lodge  did  not  care  to  prefer  charges  upon 
this  account.  The  advice  was  given  to  pass  a  By-law 
requiring  the  Treasurer  to  give  a  bond.  (1887.  Dec.  10. 
Busbee,  G.  M.) 

425.  When  a  petitioner  had  been  rejected  by  one  of 
the  two  lodges  in  a  town,  and  after  twelve  months  applied 
to  the  other,  and  consent  of  the  first  lodge  was  sought  by 
the  second  to  entertain  the  petition.  Held,  that  it  required 
only  a  majority  vote  to  grant  such  permission  to  the  second 
lodge.  A  clear  ballot  was  not  required.  (1887.  Dec.  10. 
Busbee,  G.  M.) 

426.  A  dispensation  to  elect  a  Secretary  in  the  place  of 
one  who  has  removed  to  Chicago.  The  duties  of  Secretary 
must  be  performed  until  the  end  of  the  Masonic  year  by  a 
Secretary  pro  tem.  So  a  Tiler  appointed  to  fill  a  vacancy 
caused  by  death  is  a  pro  tem.  Tiler,  and  need  not  be  installed. 
(18S7.    Dec.    10.    Busbee,  G.  M.) 

427.  A  non-affiliated  Mason  has  no  right  to  visit  any 
lodge ;  but  may  be  invited  to  visit  any  lodge  once.  The  fee 
of  a  non-affiliate  upon  a  petition  for  membership  is  only  the 
fee  for  membership,  not  for  the  degrees.  (1887.  Dec.  10. 
Busbee,  G.  M.) 

428.  A  Senior  Warden  presiding  has  no  right  to  call  a 
Special  Communication  if  the  Worshipful  Master  is  within 
the  jurisdiction  of  the  lodge.  The  call  is  the  act  of  the 
Worshipful  Master  and  not  of  the  presiding  officer.  (1887. 
Dec.    11.    Busbee,  G.   M.) 

429.  A  petitioner  who  has  lost  his  right  thumb  and 
part  of  two  of  his  fingers  can  not  be  elected  to  receive  the 
degrees.  No  dispensation  can  be  issued  authorizing  it. 
(1887.    Dec.    11.    Busbee,  G.  M.) 

430.  An  officer  elect  can  be  installed  by  proxy  when 
he  is  unavoidably  absent,  but  not  against  his  protest.  A 
brother  can  not  be  elected  against   his  wishes,  installed  by 


DIGEST     OF     MASONIC    LAW.  IOl 

proxv    and    forced    to    serve.     An  installation  under   such 
circumstances  is  void.      (1887.    Dec.    n.    Busbee,  G.  M.) 

431.  "Assessments  upon  the  members  of  a  lodge  for 
Masonic  charity  are  not  unconstitutional."  As  to  what  is 
charity,  in  ordinary  cases,  the  lodge  must  decide.  Decision 
of  1885,  Page  90,  affirmed.      (1887.    Dec.    11.    Busbee,  G.  M.) 

431a.  Where  a  profane  lives  six  months  in  the  juris- 
diction of  one  lodge,  and  the  other  six  months  of  each  year 
he  resides  in  the  jurisdiction  of  another  lodge,  he  may  peti- 
tion either  lodge.      (1S87.    Rep.  43.) 

432.  The  solid  foundation  on  which  we  build  is  belief 
in  God.  "No  atheist  can  be  made  a  Mason."  Belief  in  God 
carries  with  it  the  belief  in  His  control  of  the  universe  and 
the  direction  of  all  affairs,  and  this  involves  a  belief  in  our 
individual  responsibility  to  Him,  and  the  duty  of  conform- 
ing to  His  moral  lawr.  There  is  no  place  in  our  Order  for 
anarchists  or  conspirators  against  government  and  law; 
the  teachings  of  Masonry  accord  with  the  law  of  God.  (1888. 
Address.  Robinson,  G.  M.) 

433.  Every  wilful  violation  of  the  criminal  law  of  the 
land  by  a  Mason  is  a  Masonic  offense,  regardless  of  the  fact 
that  the  person  against  whom  it  is  committed  be  not  a 
Mason.      (1888.    Dec.    11.    Robinson,  G.  M.) 

434.  Can  a  lodge  dimitting  a  member  bring  charges 
against  him  for  an  offense  alleged  to  have  been  committed 
before  the  dimit  was  granted?  Held,  that  it  can.  [Mitch- 
ell's Digest,  Vol.  2,  page  577.]  (1888.  Dec.  n.  Robinson, 
G.  M.) 

435.  No  Mason  can  be  called  to  account  for  the  vote  he 
has  deposited.  No  enquiry  on  this  subject  can  be  enter- 
tained, no  information  can  be  received.  [Mackey's  Masonic 
Jurisprudence.]     (1888.    Dec.    11.    Robinson,   G.  M.) 

436.  A  petition  for  degrees  must  be  signed  by  the 
petitioner;  cannot  be  signed  by  a  proxy.  (1888.  Dec.  11. 
Robinson,  G.  M.) 


102  DIGEST    OF     MASONIC      LAW. 

437.  A  Subordinate  Lodge  tried  and  indefinitely 
suspended  three  of  its  members,  and  these  suspended 
brethren  appealed  to  this  Grand  Lodge.  They  then  claimed 
the  right  to  visit  the  lodge  as  usual,  on  the  ground  that  the 
appeal  vacated  the  judgment. 

Article  XIV,  Section  7,  as  amended  in  1886,  is  as  follows : 
"A  Mason  whose  appeal  from  the  sentence  of  a  lodge  is 
sustained  by  the  Grand  Lodge  is  acquitted,  and  entitled 
to  the  privilege  of  his  lodge  as  though  there  had  not  been  a 
trial;  the  appeal  vacates  the  judgment,  and  the  sustaining 
of  the  appeal  is  a  vindication  of  the  accused."  I  do  not 
understand  this  to  allow  suspended  Masons  the  privileges 
of  the  lodge  until  the  appeal  is  heard  and  decided,  and  I 
instructed  the  Master  to  keep  them  out  of  his  lodge.  (1889. 
Dec.   9.    Robinson,  G.  M.) 

438.  The  Committee  on  Jurisprudence,  to  which  was 
referred  the  decision  of  the  Grand  Master  relative  to  the 
right  of  a  Mason  expelled  or  suspended,  but  wmo  has 
appealed  to  the  Grand  Lodge,  to  visit  the  lodge  pending 
the  appeal,  beg  leave  to  report  that,  in  the  opinion  of  the 
Committee,  the  decision  of  the  Grand  Master  is  in  accord- 
ance with  Masonic  law  and  usage.      (1889.   Rep.    29.) 

439.  In  the  case  from  Lodge,  your  Committee 

recommend  that  judgment  be  reversed,  for  the  reason  that 
summons  is  illegal,  not  having  seal  of  the  lodge,  and  not 
specifying  charges  as  required  by  Code,  and  for  the  further 
reason  that  it  appears  in  evidence  returned  with  appeal  that 
the  lodge  commenced  the  trial  an  hour  earlier  than  time 
indicated  in  summons.      (1889.    Rep.    37.) 

440.  In  this  connection  it  may  not  be  amiss  to  empha- 
size some  facts  which  are  occasionally  overlooked.  It  is  not 
in  the  power  of  the  Grand  Master  to  reverse  a  ballot,  to 
permit  a  second  ballot  to  be  taken  upon  a  petition  at  a  sub- 
sequent meeting,  to  allow  an  application  for  degrees  to  be 
entertained  until  twelve  months  have  elapsed  since  such 
application  was  rejected,  to  grant  a  dispensation  to  entertain 
a  petition  from   a  sojourner  or  non-resident.      Requests  of 


DIGEST     OF    MASONIC     LAW.  103 

this  character  have  been  received  by  me,  and  have  been 
unhesitatingly  refused.  The  same  Masonic  law  governs 
the  humblest  Entered  Apprentice  and  the  Grand  Master. 
The  highest  prerogative  of  the  Grand  Master  is  to  expound 
the  law,  and  set  an  example  to  the  Craftsmen  and  lodges 
over  whom  he  presides,  by  a  faithful,  unwavering  adher- 
ence to  its  tenets.      (1890.   Dec.    10.   Smith,  G.  M.) 

441.  No  candidate  should  be  advanced  until  he  has 
made  suitable  proficiency  in  the  preceding  degree.  (1891. 
Rep.    19.) 

442.  A  Mason  convicted  in  a  Subordinate  Lodge  is 
entitled  to  no  Masonic  privileges  during  the  pending  of  the 
appeal.      (1891.    Rep.    37.) 

.443.  The  highest  exponent  of  Masonic  law  in  North 
Carolina  is  the  Grand  Lodge.  From  its  decision  there  is  no 
appeal. 

It  can  make,  and,  if  desirable,  construe  the  law. 

Every  Mason  is  bound  by  a  most  solemn  obligation  to 
respect  and  "obey  the  edicts  of  the  Grand  Lodge." 

When  this  tribunal  says,  thou  shalt,  or  thou  shalt  not, 
I  know  of  no  power  to  avoid  a  rigid  observance  of  its  man- 
dates, nor  indeed  should  we  desire  to  do  so.  Hence,  I  have 
refused  to  authorize  by  dispensation  anything  plainly  for- 
bidden in  our  Code. 

To  illustrate,  the  law  says  a  petition  shall  lie  over  one 
month.  I  have  been  asked  to  allow  lodges  for  reason,  not 
expressly  mentioned  as  an  exception,  to  act  before  the 
expiration  of  the  month.  This  I  have  refused,  because  I 
had  no  power  to  act.      (1892.    Dec.    11.   Gudger,  G.  M.) 

444.  Dispensation  refused  to  permit  a  Mason  to  be 
elected  Master  who  had  not  served  as  a  Warden.  (1892.   Dec. 

11.  Gudger,  G.  M.) 

445.  Dispensation  refused  to  permit  a  lodge  to  enter- 
tain the  petition  of  a  sojourner  not  having  permission  from 
the  Grand  Jurisdiction  from    which  he  hails.      (1892.    Dec. 

12.  Gudger,  G.  M.) 


ro4  DIGEST    OF    MASONIC     LAW. 

446.  Dispensation  refused  to  re-ballot  before  the 
expiration  of  twelve  months  from  date  of  rejection.  (1X92. 
Dec.    T2.    Gudger,  G.  M.) 

447.  Dispensation  refused  to  allow  a  lodge  to  act  upon 
a  petition  at  a  special  meeting.  (1892.  Dec.  12.  Gudger, 
G.  M.) 

448.  Dispensation  refused  to  permit  a  new,  or  second, 
ballot  after  the  meeting  closed  at  which  the  applicant  was 
rejected.      (1892.   Dec.    12.   Gudger,  G.  M.) 

449.  Dispensation  refused  to  allow  an  officer  to  resign 
and  install  another  in  his  stead.  (1892.  Dec.  12.  Gudger, 
G.  M.) 

450.  If  a  lodge  has  acted  on  a  petition  for  degrees  and 
conferred  one  or  more  degrees,  not  having  raised  the  candi- 
date, or  if  the  candidate  has  been  elected  only  and  the 
lodge  discovers  that  it  has  no  jurisdiction,  it  should  not  pro- 
ceed further  without  the  written  consent  of  the  lodge  hav- 
ing jurisdiction.      (1892.    Dec.    12.   Gudger,   G.    M.) 

451.  A  candidate  having  a  stiff  knee  is  physically  dis- 
qualified for  the  degrees;  so  also  a  man  with  only  one  leg. 
(1892.    Dec.    12.   Gudger,  G.  M.   See  also  P.  48.) 

452.  The  meeting  of  a  lodge  at  any  other  hour  than 
that  fixed  by  the  By-laws  is  not  a  regular  meeting.  (1892. 
Dec.  12.   Gudger,  G.  M*) 

453.  A  lodge  having  jurisdiction  of  a  candidate  may 
grant  permission  to  another  lodge  to  entertain  the  petition 
of  such  candidate  for  the  degrees  by  a  unanimous  vote;  a 
majority  vote  is  not  sufficient.      (1892.  Dec.  Gudger,  G.  M.) 

454.  A  man  who  can  not  read  or  write  is  eligible  to 
the  degrees  of  Masonry,  if  otherwise  qualified.  (1892.  Dec. 
12.   Gudger,  G.  M.) 

455.  A  lodge  can  entertain  a  petition  of  a  dimitted 
Mason  for  membership,  whether  he  lives  in  the  jurisdiction 
or  not.      (1892.    Dec.    12.   Gudger,  G.  M.) 

456.  If  a  member  of  a  lodge  objects  to  the    initiation, 


DIGEST    OF      MASONIC     LAW.  105 

passing  or  raising  of  a  candidate,  it  is  the  duty  of  the  lodge 
to  arrest  proceedings  until  such  objection  has  been  with- 
drawn;  and  if  the  member  that  objects  takes  his  dimit  from 
the  lodge  such  act  has  the  effect  of  withdrawing  the  objec- 
tion.     (1892.    Dec     12.   Gudger,   G.   M.) 

457.  Cerneauism  has  not  yet  made  its  appearance  in 
this  Grand  Jurisdiction,  though  I  have  reason  to  suspect 
that  efforts  will  be  made  to  introduce  it. 

In  the  absence  of  Grand  Lodge  action,  I  have  deter- 
mined to  interdict  it.  Now  that  the  Grand  Lodge  is  in 
session,  I  present  the  question  to  you  for  consideration.  In 
my  judgment  this  Grand  Lodge  should  emphatically  con- 
demn it.  It  has  given  much  trouble  in  some  of  our  sister 
jurisdictions;  in  one  (Iowa)  going  so  far  as  to  invoke  the 
assistance  of  the  civil  courts  to  more  substantially  enforce 
its  establishment.  And  in  Ohio  it  has  gone  so  far  as  to  set 
up  a  Grand  Lodge  of  its  own,  and  impudentl}T  asked  the 
Supreme  Court  of  the  State  to  decide  that  it  was  an  inde- 
pendent body.  Such  conduct  is  reprehensible  in  the 
extreme,  shows  a  rebellious  spirit  and  a  total  disregard  of 
the  very  fundamental  principles  of  Masonry.  While  our 
actions  on  all  matters  should  be  of  a  conservative  character, 
it  should,  in  this  instance,  be  firm  and  decided,  and  it 
should  be  a  Masonic  offense  for  a  Master  Mason  to  join 
them.      (1892.    Dec.    13.   Gudger,  G.  M.) 

458.  The  Committee  to  whom  was  referred  that  part 
of  the  Grand  Master's  address  relating  to  Cerneauism,  sub- 
mit the  following  report  and  recommendations: 

Whereas,  The  Grand  Lodge  of  North  Carolina  is  the 
sole  custodian  of  the  whole  system  of  symbolic  Masonry  in 
the  State  of  North  Carolina,  and 

Whereas,  After  investigation,  your  Committee  finds 
that  the  organization  known  as  the  Cerneau  body  has,  in 
other  jurisdictions,  been  productive  of  discord  and  disturb- 
ing the  peace  and  harmony  of  the  Craft,  and  interfered 
with  the  legitimate  jurisdiction  of  the  established  Grand 
Bodies  in  other  States  and  has  held  communication  with  the 
14 


lo6  DIGEST     OF    MASONIC     LAW. 

Grand  Orient  of  France,  an  atheistic  clandestine  Grand  Body, 
therefore,  your  Committee  respectfully  recommend  the 
adoption  of  the  following  resolutions: 

i,  No  lodge  in  this  Grand  Jurisdiction  shall  recognize 
or  hold  communication  with  any  Cerneau  body,  or  its  mem- 
bers, and  shall  discountenance  the  establishment  of  any  of 
its  branches  in  this  Jurisdiction. 

2,  That  in  the  Tiler's  O.  B.  be  included,  "I  am  not  a 
member  of,  or  in  communication  with,  any  body  of  the 
so-called  Cerneau  Scottish  Rite."     (1892.    Rep.   46.) 

459.  In  the  face  of  the  clearly  set  forth  fact  that  the 
Grand  Master  possessed  no  prerogative  to  set  aside  the 
plainly  written  statutes  of  the  Grand  Lodge,  application  for 
this  purpose  has  been  made  to  me.  These  I  have  invariably 
refused.  The  Grand  Lodge  is  the  law-making  power,  and 
I  still  feel  there  is  no  excuse  or  reason  for  disobeying  its 
mandates.  Indeed,  I  believe  it  would  be  a  Masonic  crime 
to  do  so.  The  law  is  made  to  govern  every  Mason,  and 
applies  to  the  Grand  Master  just  as  it  does  to  the  humblest 
Master  Mason.      (1893.   Dec.    15.   Gudger,  G.  M.) 

460.  Where  a  lodge  attempted  to  suspend  a  member, 
but  there  was  no  charge  and  no  specifications,  and  the 
whole  case  irregular,  I  decided  that  the  proceedings  were 
null  and  void,  and  did  not  affect  the  standing  of  the  brother. 
(1893.    Dec.    15.   Gudger,  G.  M.) 

461.  A  lodge  working  under  dispensation  used  mate- 
rial of  a  sister  lodge.  This  lodge  must  have  known  it  had 
no  jurisdiction.  As  a  punishment  I  withdrew  the  dispensa- 
tion.     (1893.   Dec.    15.   Gudger,  G.  M.) 

462.  In  the  By-laws  of Lodge,  your  Committee 

find  a  provision:  "Any  member  who  shall  enter  the  Lodge 
in  a  state  of  intoxication  shall  stand  excluded  ipso  facto." 
In  lieu  of  this,  your  Committee  recommend  a  provision  that 
such  misconduct,  when  admitted  or  proven  on  a  trial  for 
the  offense,  shall  exclude  the  parties  charged.  He  is  enti- 
tled by  the  Code  to  notice  of  the  charge  and  trial.  In  the 
same    By-laws    your    Committee    find    provision    that    no 


DIGEST    OF     MASONIC     LAW.  IO7 

brother  shall  be  tried  except  upon  charges  preferred  by  the 
Vigilance  Committee,  which  provision  is  in  conflict  with 
Section,  i,  Article  XIV,  of  the  By-laws  of  the  Grand 
Lodge  governing  the  conduct  of  lodges  in  trials.  Your 
Committee  respectfully  recommend  that  the  By-laws  of 
this  lodge  be  amended  by  providing  that  charges  may  be 
preferred  by  any  Master  Mason  or  by  the  Vigilance  Com- 
mittee.     (1893.    Rep.   38.) 

463.  The  communication  from  the  Grand  Lodge  of 
North  Dakota  as  to  the  regularity  of  a  dimit  granted  by  a 
lodge  in  this  jurisdiction  to  an  Entered  Apprentice,  has 
been  considered  by  us.  The  law  is  not  explicit,  but  your 
Committee  are  of  opinion  that  a  dimit  can  regularly  issue 
only   to  a  Master  Mason  and  they  so  hold.    (1893.    Rep.   39.) 

464.  In  a  Masonic  trial  the  evidence  of  a  brother  who 
was  Worshipful  Master  of  a  lodge  in  another  Grand  Juris- 
diction, and  who  could  not  be  present  at  the  trial,  being 
necessary,  held  that  it  was  proper  to  send  a  committee  to 
take  the  evidence  of  this  brother,  to  be  afterwards  submitted 
to  the  lodge,  the  accused  brother  being  given  ample  notice 
of  this  action,  and  to  be  present  in  person  or  by  counsel 
when  the  evidence  is  taken  which  he  so  desires.  (1894. 
Dec.    21.   Gotten,  G.  M.) 

465.  A  lodge  wishing  to  enact  an  additional  By-law, 
the  approval  of  the  Committee  on  Masonic  Jurisprudence, 
when  the  Grand  Lodge  is  not  in  session,  is  sufficient,  and 
makes  said  By-law  of  full  force  and  effect. 

Article  XVI,  Section  9,  of  the  Code,  is  I  think,  very 
clear  in  regard  to  this  matter,  but  as  it  has  been  questioned 
by  a  very  distinguished  brother  I  submit  it  to  you  for  your 
consideration.      (1894.   Dec.    22.   Cotten,  G.  M.) 

466.  In  my  opinion,  whenever  a  Mason  is  elected  to 
any  position  and  accepts  the  same  he  thereby  in  honor 
commits  himself  to  the  proper  performance  of  the  duties 
attached  thereto,  and  if  he  is  unwilling  or  unable  to  properly 
attend  to  them  he  should  resign.  (1894.  Dec.  22.  Cotten, 
G.  M.) 


io8  digest  of   masonic   law. 

467.  The  undersigned,  to  whom  was  referred  the  mat- 
ter of  jurisdiction,  beg  leave  to  report  that,  in  the  interest 
of  comity  and  good  fellowship,  the  following  ought  to  be 
adopted  as  a  guide  to  the  action  of  our  lodges  on  the  line 
of  sister  Grand  Jurisdictions  of  other  vStates. 

1,  That  the  jurisdiction  of  the  Grand  Lodge  of  North 
Carolina  is  exclusive  over  all  territory  in  the  State  of  North 
Carolina,  and  subject  only  to  the  paramount  obligation  of 
preserving  the  Ancient  Landmarks  of  Freemasonry;  the 
Grand  Lodge  of  North  Carolina  possesses  sovereign  author- 
ity over  all  Masons  and  lodges  within  the  State  of  North 
Carolina.  That  limitations  of  her  jurisdiction  are  ceded  in 
a  spirit  of  comity  and  fraternity  to  her  sister  Grand  Lodges, 
but  with  a  reservation  of  right  at  any  time  to  recall  the 
concession. 

2,  That  any  lodge  in  an  adjoining  State,  working 
under  a  charter  from  a  Grand  Lodge  in  correspondence 
with  the  Grand  Lodge  of  North  Carolina,  may  entertain  the 
application  of  a  citizen  of  this  State  residing  by  air  line  to 
such  lodge  nearer  to  such  lodge  than  to  any  lodge  in  this 
State,  and  may  confer  the  degrees  upon  such  applicants, 
and  may  admit  them  to  membership,  as  if  such  lodge  was 
duly  chartered  by  the  Grand  Lodge  of  North  Carolina,  and 
that  lodges  of  sister  States  of  about  equal  air  line  distance 
may  have  concurrent  jurisdiction  of  material  of  the  State 
of  North  Carolina,  provided  that  its  own  Grand  Lodge  con- 
cedes the  same  privileges  to  the  lodges  of   North  Carolina. 

3,  That  it  is  recommended  that  in  all  cases  where  an 
application  is  made  by  a  citizen  of  an  adjoining  State  that 
special  inquiry  be  made  of  the  lodge  of  the  adjoining  State 
having  jurisdiction,  as  to  the  fitness  of  the  applicant  to 
become  a  Mason,  and  if  there  be  any  local  objection  to  the 
entertaining  of  the  application.      (1894.    Res.   42.) 

468.  The  penal  jurisdiction  of  a  lodge  was  equal  to  and 
corresponded  with  its  territorial  jurisdiction,  and  that  a 
lodge  has  a  right  to  arraign  and  try  any  Mason  living  in  its 
jurisdiction.      (1895.   Gotten,  G.  M.) 


DIGEST     OF     MASONIC    LAW.  I09 

469.  That  a  Mason  who  dimits  from,  his  own  lodge, 
moves  into  the  jurisdiction  of  another  lodge,  petitions  for 
membership,  is  rejected,  can  not  apply  for  membership  in 
an)-  other  lodge  without  the  consent  of  the  lodge  which 
rejected  him,  as  long  as  he  lives  in  that  jurisdiction.  [Over- 
ruled by  Number  491.  J     (1895.    Dec.   36.   Gotten,  G.  M.) 

470.  A  lodge  can  not  try  its  Master,  and 
charges  having  been  preferred  against  him  by  a  member 
and  spread  upon  the  minutes,  I  ordered  the  same  to  be 
expunged  from  the  record,  the  matter  in  controversy  having 
been  settled  by  the  Grand  Lodge.  (1S96.  Dec.  16.  Move, 
G.  M.) 

471.  Dimitted  Masons  and  members  of  lodges  which 
have  forfeited  their  charters  are  on  the  same  footing,  and 
have  no  right  to  visit  a  lodge.  [This  does  not  prevent  one 
visit  by  a  non-affiliate.  Committee  on  Jurisprudence,  Page 
66.]     (1896.    Dec.    17.    Moye,  G.  M.) 

472.  Business  affecting  the  general  interests  of  the 
Craft  should  properly  be  transacted  at  a  Regular  Communi- 
cation of  the  lodge.      (1896.    Dec.    17.  Moye,  G.  M.) 

473.  A  man  who  has  white  swelling,  one  leg  being 
shorter  than  the  other,  is  eligible  to  be  made  a  Mason,  it 
appearing  that  he  is  in  sound  health  and  has  good  means  of 
support.      (1896.    Dec.    17.    Moye,  G.  M.) 

474.  A  majority  of  the  members  present,  and  not  of 

those  voting,  was  necessary  to  elect  the  Treasurer  of 

Lodge,  the  same  being  a  matter  of  controversy  among  the 
members.  (This  was  approved  by  the  Jurisprudence  Com- 
mittee, P.  67,  with  this  addition):  The  decision  that  it 
requires  a  majority  of  the  members  present  to  elect  an  offi- 
cer is  correct,  if  the  attention  of  the  lodge  is  directed  to  the 
presence  of  non-voting  members  before  the  announcement 
of  the  result.  If  members  are  present  not  voting,  it  would 
seem  to  be  the  better  practice  to  require  them  to  vote 
before  declaring  the  result.  If  their  presence  is  made 
manifest,  and  they  do  not    vote,  we   approve   the   decision 


IFO  DIGEST    OF     MASONIC     LAW. 

that  it  requires  a  majority  of  all  members  present  to  elect. 
(1896.    Dec.    17.    Moye,  G.  M.) 

475.  Having  been  officially  requested  to  construe  the 
words  "due  proficiency"  in  the  law  relating  to  the  advance- 
ment of  candidates,  in  order  to  establish  a  uniform  practice 
in  all  the  lodges  regarding  the  same,  which  at  present  does 
not  exist,  I  decided,  as  I  believed  for  the  good  of  the  Order, 
that  candidates  before  advancement  should  be  proficient  in 
all  of  the  first  section  of  the  preceding  degree.  (1896. 
Dec.    17.    Moye,  G.  M.) 

476.  A  Mason  is  not  entitled  to  recognition  in  a  Blue 
Lodge  as  Past  Master  by  virtue  of  having  received  the 
Past  Master's  degree  in  a  Royal  Arch  Chapter.  (1H97.  Dec. 
19.    Moye,  G.  M.) 

477.  A  Mason's  widow,  having  married  one  not  a 
Mason,  forfeits  all  claim  upon  the  Order  for  assistance. 
(1897.    Dec.   19.    Moye,  G.  M.) 

478.  The  Grand  Lodges  of  North  Carolina  and  Vir- 
ginia having  adopted  resolutions  mutually  agreeable  touch- 
ing the  question  of  concurrent  jurisdiction,  a  lodge  in  North 
Carolina  may  entertain  the  petition  of  a  candidate  living  in 
Virginia  whose  residence  is  nearer  said  lodge  than  any 
lodge  in  his  own  State.      (1897.    Dec.    19  Moye,  G.  M.) 

479.  The  minutes  should  be  read  and  approved  at  the 
close  of  each  meeting.  I  find  that  some  of  the  lodges  defer 
this  until  the  following  meeting,  which  is  illegal.  (1897. 
Dec.   Moye,  G.  M.) 

480.  A  lodge  exercises  penal  jurisdiction  of  a  personal 
nature  over  its  own  members  and  no  matter  where  their 
place  of  residence  may  be,  can  arraign  and  punish  them 
when  guilty  of  wrong  doing.  (Com.  on  Jurisprudence 
added) :  The  Grand  Master  means  that  a  Lodge  has  both  a 
geographical  and  personal  jurisdiction.  With  this  we  agree. 
(1897.    Dec.    19.    Moye,  G.  M.) 

48 1.  A  lodge  must  first  be  opened  on  the  third  degree, 


DIGEST     OF     MASONIC     LAW.  Ill 

and  a  Special  Communication  called  for  the  purpose  only 
of  conferring  either  of  the  other  degrees,  furnishes  no 
exception  to  the  rule.      (1897.    Dec.    19.    Moye,  G.  M.) 

482.  I  find  to  my  surprise  that  the  question  of  lawful 
age  which  I  had  supposed  was  well  understood,  is  a  subject 
of  discussion  in  some  of  the  lodges.  While  in  certain  coun- 
tries it  is  different,  in  the  United  States  the  usage  is  gen- 
eral that  a  candidate  shall  be  not  less  than  twenty-one  years 
of  age  at  the  time  of  his  initiation.  (1S97.  Dec.  19.  Moye, 
G.  M.) 

483.  .  There  is  no  law  exempting  ministers  of  the  Gos- 
pel from  the  fees  for  the  degrees.  The  fees  must  be  paid 
by  all  alike,  and  shall  be  held  sacred  for  charitable  or  edu- 
cational purposes  unless  the  necessity  should  exist  requiring 
their  use  in  providing  suitable  accommodations  or  essential 
fixtures.      (1897.    Dec.    20.    Moye,  G.  M.) 

484.  The  latter  clause  of  Article  6,  Section  6,  (of  the 
By-laws  for  the  Government  of  Subordinate  Lodges)  does 
not  apply  to  a  candidate  who  having  received  the  first 
degree  fails  to  present  himself  for  advancement  within  six 
months  afterwards.  He  can  do  so  at  any  time,  subject 
however  to  a  ballot  if  demanded  by  a  member  of  thi 
Lodge.      (1897.    Dec.    20.    Moye,  G.  M.) 

485.  While  profanity  and  drunkenness  are  declared  to 
be  high  Masonic  crimes,  I  know  of  no  law  to  punish  a 
Mason  for  the  manufacture  or  sale  of  intoxicating  drinks, 
but  if  in  conducting  said  business  he  acts  in  such  a  manner 
as  to  constantly  and  openly  violate  every  principle  of  moral 
law,  and  by  continued  association  with  low,  vile  men, 
brings  reproach  upon  his  lodge  and  shame  upon  the  Order, 
he  would  for  these  reasons  be  guilty  of  a  grave  Masonic 
offense,  and  ought  to  be  arraigned  and  punished  for  the 
same.      (1897.    Dec.    20.    Moye,  G.  M.) 

486.  If  a  lodge  becomes  dormant  and  surrenders  its 
charter,  its  members  at  once  become  non-affiliated,  and  at 
any  time    before    that  lodge   resumes  labor,    can    petition 


112  DIGKST    OF     MASONIC      LAW. 

another  lodge  (having  jurisdiction)  for  membership,  but 
when  the  dormant  lodge  has  its  charter  properly  restored 
and  resumes  labor,  that  restores  all  members  to  the  same 
standing  in  the  lodge  they  had  when  the  lodge  became  dor- 
mant, who  have  not  in  the  interim  become  members  of,  or 
had  charges  preferred,  been  tried,  and  sentence  passed  by 
other  lodges.      (1898.    Dec.    23.   Moore,  G.  M.) 

487.  After  a  candidate  has  been  elected  to  the  degrees 
and  has  taken  one  or  two  degrees,  his  failure  to  present 
himself  for  the  remaining  degree  or  degrees  does  not  affect 
his  right  to  have  the  same  conferred,  lapse  of  time  alone 
does  not  debar  him,  but  any  member  has  a  right  under  the 
Code  of  1892,  Section  14,  Article  X,  to  call  for  a  ballot  on 
his  application  to  be  passed  or  raised.  (1898.  Dec.  22. 
Moore,  G.  M.) 

488.  I  have  been  called  upon  to  construe  this  Section 
as  to  whether  a  member  can  call  for  a  ballot  on  a  can- 
didate who  has  been  elected  to  the  degrees,  when 
he  presents  himself  for  the  Entered  Apprentice  degree. 
I  decided  he  could  not  as  Section  14  of  Article  X 
of  the  Code  of  1892  applied  only  to  passing  and  raising. 
I  am  fully  aware  that  this  decision  runs  counter  to  the 
decision  of  Past  Grand  Master  Gudger,  in  Proceedings  of 
1892,  Page  12.  I  have  always  considered  that  what  the 
statute  does  not  authorize  in  plain  terms  it  prohibits.  I 
have*'  construed  this  Section  strictly  and  take  it  that  if  the 
Grand  Lodge  intended  to  apply  it  to  an  Entered  Appren- 
tice it  could  easily  have  inserted  the  word  "initiation." 
(1898.    Dec.    23.   Moore,  G.  M.) 

489.  I  have  been  requested  to  grant  dispensations  to 
allow  lodges  to  act  on  petitions  for  the  degrees,  without 
having  lain  over  one  month  on  the  ground  that  it  was  a  case 
of  pressing  emergency,  that  the  candidate  was  about  to  jour- 
ney abroad,  and  on  investigation  found  that  the  candi- 
date was  simply  moving  out  of  the  jurisdiction  of  the  lodge 
and  not  out  of  this  Grand  Jurisdiction.    I  refused  the  dispen- 


DIGEST     OF     MASONIC     LAW.  I  13 

sation  and  decided  that  the  word  "abroad"  meant  beyond 
the  jurisdiction  of  this  Grand  Lodge.  (1898.  Dec.  23. 
Moore,  G.  M.) 

490.  A  Mason  in  a  sister  jurisdiction  who  was  tried, 
convicted  and  expelled  for  illegal  intercourse  with  a  brother 
Mason's  daughter,  afterwards  moved  into  this  Grand  Juris- 
diction and  petitioned  a  Subordinate  Lodge  for  membership, 
and  I  was  asked  to  decide  if  his  Masonic  crime  followed 
him  into  this  Jurisdiction.  I,  without  hesitation,  mental 
reservation,  or  evasion,  decided  that  it  did  and  should  follow 
him  to  the  ends  of  the  earth.  (1898.  Dec.  23.  Moore, 
G.  M.) 

491.  Whereas,  At  the  Regular  Annual  Communication 
of  this  Grand  Lodge  in  1895,  Most  Worshipful  Grand 
Master,  in  his  address  reported  the  following  decision  made 
by  him : 

''That  a  Mason  who  dim  its  from  his  own  lodge,  moves 
into  the  jurisdiction  of  another  lodge,  petitions  for 
membership,  is  rejected,  cannot  apply  for  membership  in 
any  other  lodge  without  the  consent  of  the  lodge  which 
rejected  him,  as  long  as  he  lives  in  that  jurisdiction." 

And  whereas,  This  decision,  without  being  referred  to 
the  Committee  on  Jurisprudence  for  consideration,  was 
inadvertently  approved  by  the  Grand  Lodge,- 

And  whereas,  It  has  been  made  to  appear  to  the  satis- 
faction of  the  Grand  Lodge  that  the  decision  is  not  in 
accordance  with  well  established  Masonic  law  and  custom  ; 
therefore,  be  it 

Resolved,  1st,  That  the  approval  of  the  decision  afore- 
said is  revoked,  and  the  said  decision  disapproved  and 
declared  to  be  contrary  to  law. 

Resolved,  2nd,  That  it  is  the  opinion  of  this  Grand 
Lodge  and  it  so  declares,  that  it  is  the  right  and  privilege 
of  a  Master  Mason  who  has  received  a  dimit  from  his  lodge 
to  apply  for  membership  to  any  other  lodge  as  often  as  he 
may  be  rejected.      (1898.    Rep.   and  Rep.    59.    63.) 

15 


114  DIGEST     OF     MASONIC    LAW. 

492.  In  the  appeal  from  -  Lodge,  your  Commit- 
tee find  : 

1  st,  That  the  charges  set  forth  in  specification  first  of 
the  bill  of  charges  is  not  sustained  by  the  evidence,  and 
shoidd  have  been  dismissed. 

2nd,  That  specification  second  is  defective  in  that  it 
fails  to  set  forth  any  specific  charges  upon  which  to  base  a 
judgment. 

3rd,  That  the  trial  was  irregular  and  illegal,  in  that  a 
visiting  brother  was  allowed  to  remain  in  the  lodge  when 
the  ballot  was  taken   for  suspension,  Article    14,  vSection  5. 

Therefore  recommend  that  action  of  the  lodge  in 
indefinitely  suspending  the  brother  be  not  sustained.  (1 898. 
Rep.    72.) 

493.  Petition  from Lodge  to  entertain  petition 

for  the  degrees  from  a  man  with  left   hand  off   from  birth 
was  denied.      (1899.    Rep.    61.) 

494.  Grand  Lodge  acted  adversely  on  amendment 
reading:  "When  an  applicant  for  degrees,  who  has  lost  a 
left  hand  or  either  foot,  and  is  otherwise  physically  sound 
and  morally  upright,  shall  be  eligible  to  receive  the  degrees 
of  Masonry."     (1899.    Rep.    68.) 

495.  Resolved,  That  it  is  the  sense  of  this  Grand  Lodge 
that  the  ceremony  of  laying  a  cornerstone  should  be  held  in 
open  lodge,  called  and  announced  as  being  held  for  that 
purpose  alone.      (1899.    Rep.    72.) 

496.  An  E.  A.  or  F.  C.  Lodge  cannot  be  opened  at  a 
called  meeting  for  the  purpose  of  conferring  the  E.  A.  or 
F.  C.  degree,  without  first  opening  in  the  Master's  degree. 
Every  lodge  must  first  be  opened  in  the  Master  Mason's 
degree,  then  labor  dispensed  with  in  the  Master  Mason's 
degree  for  the  purpose  of  opening  a  lodge  on  the  first  or 
second  degree  for  work  and  instruction.  (1900.  Dec.  13. 
Noble,  G.  M.) 

497.  I  have  been  asked  several  times  for  a  dispensa- 
tion to  allow  a  man  without  a  hand  or  foot  to  be  given  the 


DIGEST    OF     MASONIC     LAW.  115 

degrees  of  Masonry.  I  have  refused  them  in  every  case, 
and  have  referred  them  to  the  proceeding's  of  the  Grand 
Lodge  of  1899,  which  says:  "In  either  form  we  regard 
the  amendment  as  an  attempted  innovation  upon  the  Ancient 
Landmarks,  and  we  recommend  that  it  do  not  pass."  (1900. 
Dec.    13.  Noble,  G.  M.) 

498.  A  member  of  A  Lodge,  then  defunct,  petitioned 
B  Lodge  for  affiliation  and  was  rejected  August  2nd.  At 
the  succeeding  communication,  on  August  16th,  the  same 
petition  wras  called  up  and  acted  upon  favorably.  What  is 
the  status  of  the  brother?  Held,  that  the  brother  was  a 
member  of  B  Lodge;  that  while  the  action  of  the  lodge  was 
irregular,  it  was  no  fault  of  the  brother  that  the  lodge  did 
not  proceed  regularly.     (1900.    Dec.    14.    Noble,  G.  M.) 

499.  A  certain  lodge  received  a  petition  for  member- 
ship and  acted  upon  it  favorably  at  the  same  meeting.  The 
brother  attended  the  lodge  for  some  months  as  a  member, 
when  it  was  suggested  that  the  brother  had  not  been 
received  regularly,  and  that  he  ought  to  send  in  another 
petition,  which  he  did,  and  was  rejected.  What  was  his 
status?  Held,  that  he  was  a  member  of  that  lodge;  that  he 
should  not  be  made  to  suffer  for  the  irregular  action  of  the 
lodge,  as  he  acted  in  good  faith.   (1900.  Dec.  14.  Noble, G.M.) 

500.  I  was  asked  how  many  ballots  can  be  taken  when 
balloting  on  a  candidate  for  the  degrees.  Ans.  Two. 
(1900.    Dec.    14.    Noble,  G.  M.) 

501.  Has  an  officer  the  right  to  say  how  many  black- 
balls there  are  in  a  ballot?  Ans.  No.  (1900.  Dec.  14. 
Noble,  G.  M.) 

502.  If  a  Mason  thinks  the  age  of  the  petitioner  will 
not  entitle  him  to  the  degrees  of  Masonry,  can  he  cast  a 
blackball  without  being  held  up  to  be  criticised  by  members 
of  the  lodge?     Ans.      Yes.      (1900.    Dec.    14.    Noble,  G.  M.) 

503.  It   seems    that Lodge  took  three    ballots 

upon   a  petition   for   the   degrees.      "Was   the   third  ballot 


I  I  6  DIGEST     OF    MASONIC     LAW. 

legal?"  The  Code  says:  "A  second  ballot  may  be  demanded 
to  be  satisfied  of  no  mistake,  which  ballot  cannot  be  recon- 
sidered." Therefore,  the  third  ballot  was  illegal,  and  the 
candidate  was  rejected.      (1900.    Dec.    14.    Noble,  G.  M.) 

504.  Q.  In  a  Masonic  trial,  where  the  Master  is  the 
prosecutor;  can  he  preside? 

A.  If  present,  he  must  preside.  (1900.  Dec.  14. 
Noble,  G.  M.) 

505.  Q.  Can  a  lodge  appoint  a  committee  to  inves- 
tigate a  case  out  of  the  lodge,  where  the  Master  is  the 
defendant? 

A.      No. 

It  seems  in  the  above  two  questions  that  behind  them 
is  a  question  as  to  who  is  in  the  right,  the  Master  or  a 
brother.  (Committee  on  Jurisprudence  adds):  Charges 
can  not  be  preferred  against  a  Master  in  a  Subordinate 
Lodge  except  in  the  manner  provided  for  in  the  By-laws. 
(1900.   Dec.    14.    Noble,  G.  M.) 

506.  In  December,  1889,  a  candidate  received  the  E.  A. 
degree  in  A  Lodge,  paying  the  full  fees  for  the  three 
degrees.  Four  years  later  it  merged  into  B  Lodge,  taking 
all  of  the  property  of  A  Lodge.  Nine  years  after  taking 
the  E.  A.  degree  he  asks  B  Lodge  to  confer  the  Fellow 
Craft  and  Master  Mason's  degrees.  B  Lodge  asks  if  he 
belongs  to  them  and  must  it  confer  the  degrees  without  his 
paying  for  them?  I  answered,  "Yes."  That  when  A 
Lodge  surrendered  its  charter,  its  E.  A.  became  the  material 
of  B  Lodge,  and  as,  by  agreement,  B  Lodge  inherited  all  of 
the  property  of  A  Lodge,  it  would  seem  right  and  proper 
for  B  Lodge  to  assume  its  liabilities.  If  the  candidate  has 
behaved  himself  in  such  a  way,  since  his  initiation  as  not 
to  entitle  him  to  the  other  two  degrees,  a  ballot  should  be 
requested  before  he  is  passed,  and  stop  him.  (1900.  Dec. 
15.   Noble,  G.  M.) 

507.  In    a    case    from Lodge,    a    brother    had 

asked  for  a  dimit,  but  as  he  was  under  a   cloud,  it   was   laid 


digest  of  masonic    law,  iij 

over.  (He  was  then  living  in  another  State.)  Soon  after, 
the  lodge  received  a  letter  from  some  friends  of  the  brother 
stating  that  they  thought  an  injustice  had  been  done  the 
brother,  that  he  was  in  delicate  health  and  wanted  the  dimit 
at  once.  So  a  Special  Communication  was  called  on  Tues- 
day night,  and  the  dimit  granted,  which  was  mailed  him 
Wednesday  morning.  Wednesday  evening  a  letter  was 
received  stating  that  the  brother  died  Tuesday  morning, 
twelve  hours  before  the  dimit  was  granted.  Was  he  a  mem- 
ber of  the  lodge  in  good  standing  when  he  died?  Answer. 
"Yes."  (1900.    Dec.    15.    Noble,   G.  M.) 

508.  A  party  petitioned  for  membership,  which  was 
referred  to  a  committee  as  usual.  At  the  next  Regular 
Communication,  none  of  the  committee  being  present,  the 
lodge  proceeded  to  ballot  on  the  petition  and  it  was  rejected. 
Question.  Could  the  lodge  ballot  on  the  petition  without  a 
report  from  the  committee?  Answer.  No.  That  the  com- 
mittee must  report  before  a  ballot  could  be  taken.  The 
report  of  the  committee  must  be  in  writing,  if  they  are 
absent,  or  it  may  be  verbally  if  present;  that  the  ballot  was 
illegal  and  the  candidate  not  rejected.  (1900.  Dec.  15. 
Noble,  G.  M.) 

509.  What  is,  in  your  opinion,  meant  by  "abroad"  in 
the  fifth  line  of  Section  3,  Article  X,  of  the  Code;  and  is  it 
within  the  province  of  the  Master  of  a  lodge  to  decide  for 
himself  when  such  an  emergency  exists  and  to"  act  without 
a  dispensation  from  the  Grand  Master?  For  instance,  a 
man  living  in  a  town  where  there  is  a  prosperous  lodge 
cares  nothing  for  Masonry  and  does  not  see  fit  to  petition 
until  he  is  going  to  move  from  the  town  or  join  the  army. 
Here  he  is  about  to  travel  "abroad";  but  he  is  evidently 
asking  to  be  made  a  Mason  in  order  that  he  may  be  bene- 
fited by  Masonry,  not  that  he  cares  to  benefit  Masonry, 
and  a  dispensation  should  be  refused.  In  another  case  a 
civil  engineer  who  is  on  the  move  all  the  time,  never  living 
in  one  place  long  enough  to  accmire  Masonic  residence,  is 
returning  home  for  a  vacation,  desires  to  be  made  a  Mason. 


Il8  DIGEST    OF     MASONIC    J. AW. 

This  being  his  first  opportunity  he  has  had,  and  docs  not 
know  how  long  he  will  be  at  home  before  he  is  ordered  to 
travel  "abroad",  a  dispensation  should  be  granted  in  this 
ease.  I  think  that  the  Grand  Master  should  be  asked  for  a 
dispensation  in  all  eases.  (Com.  on  Jurisp.  P.  7S,  add):  The 
ruling  concerning  the  proper  meaning  of  the  word  "abroad" 
is  one  which  is  not  disapproved.  Each  case  must  rest  upon  its 
individual  merits.  The  Master  has  no  power  to  act.  It 
must  be  referred  to  the  Grand  Master,  and  his  discretion  is 
final.  Of  course  it  ought  not  to  be  and  will  not  be  abused. 
It  seems  to  the  Committee  that  the  distinction  between  the 
cases  is  rather  finely  drawn,  and  the  degrees  might  have 
been  conferred  on  the  civil  engineer  at  the  request  of  the 
lodge  at  the  place  of  his  temporary  residence,  but  we  do 
not  suggest  the  disapproval  of  the  decision.  (1900.  Dec.  16. 
Noble,  G.  M.) 

510.  Dispensation  issued  to  -~ Lodge,  authorizing 

them  to  return  the  initiation  fee  to  a  party  who,  after  being 
accepted,  decided  that  he  did  not  want  to  belong  to  the 
Order  if  the  degrees  were  to  be  conferred  on  a  person  whom 
he  considered  unfit.  The  degrees  to  the  objectionable  per- 
son were  to  be  given  at  the  request  of  a  sister  lodge.  (1900. 
Dec.  21.   Noble,  G.  M.) 

511.  Dispensation  refused  to  allow  a  lodge  to  receive 
and  ballot  on  petition  of  a  person  who  has  not  resided 
within  its  jurisdiction  the  required  time  (twelve  months), 
and  all  such  requests  were  referred  to  Sections  5,  6  and  7  of 
Article  X,  of  the  Code,  especially  Section  5,  which  says: 
"The  application  of  a  petitioner  whose  residence  is  nearer 
to  some  other  lodge  shall  not  be  entertained  without  the 
written  consent  of  such  lodge."  So  when  a  person  removes 
from  the  jurisdiction  of  a  lodge  and  desires  to  be  made  a 
Mason,  he  should  ask  the  consent  of  the  lodge  from  whose 
jurisdiction  he  has  moved.  As  I  understand  it,  it  does  not 
take  a  unanimous  ballot — only  a  majority.  His  vote  simply 
allows  the  other  lodge  to  entertain  the  petition  and  waives 
the  rio-ht  to  the  fee.      I  do  not  think  the  Grand    Master  has 


DIGEST    OF     MASONIC     LAW.  119 

the  right  to  override  the  By-laws  at  will.  (Committee  on 
Jurisprudence,  Page  79,  adds):  "Your  Committee  approves 
the  construction  placed  by  the  Grand  Master  on  Article  X, 
Section  5,  of  the  By-laws  of  the  Grand  Lodge,  and  concurs 
with  him  that  the  written  consent  of  the  lodge  from  which 
the  consent  is  asked  to  entertain  the  petition  means  a  major- 
ity consent  and  not  a  unanimous  consent.  This  does  not 
dispense  with  the  ballot  in  the  lodge  in  which  he  makes 
application.      (1900.    Dec.    22.    Noble,  G.    M.) 

512.  There  seems  to  be  an  idea  that  where  a  Fellow 
Craft  is  raised  by  request  that  he  is  a  non-affiliate  and  can 
petition  any  lodge  for  membership.  Such  is  not  the  case. 
He  must  sign  the  By-laws  of  the  lodge  that  accepted  him. 
See  Code  1897,  Page  36,  Section  4,  Article  X.  (The  Com- 
mittee on  Jurisprudence,  Page  79,  add):  We  heartily 
commend  the  construction  placed  upon  Article  X,  Section 
4,  of  the  Grand  Lodge  By-laws  that  a  Master  Mason  must 
sign  the  By-laws  of  the  lodge  in  which  he  is  elected  to  mem. 
bership,  and  a  Fellow  Craft,  after  being  raised,  must  sign 
the  By-laws  of  the  lodge  in  which  he  is  elected  to  the 
degrees — this  being  irrespective  of  the  lodge  that  confers 
the  work.      (1900.    Dec.    23.    Noble,  G.  M.) 

513.  Applicants  for  degrees  who  have  lived  all  their 
lives  in  a  county  where  there  are  several  lodges,  moving 
from  the  jurisdiction  of  one  lodge  to  that  of  another  in  the 
same  county,  are  not  entitled  to  have  their  applications 
acted  upon  until  they  have  resided  for  12  months,  next  pre- 
ceding the  date  of  such  applications,  within  the  jurisdic- 
tion of  the  lodge  to  which  they  make  application.  (Com- 
mittee on  Jurisprudence,  Page  88,  approve  and  add): 
Unless  written  permission  shall  be  granted  by  the  lodge 
from  whose  jurisdiction  the  candidate  has  removed.  We 
construe  the  provision  in  Article  X,  Section  5,  concerning 
the  consent  of  the  lodge  nearest  the  residence  of  the  peti- 
tioner, to  include  the  past  residence  during  the  twelve 
months,  as  well  as  the  present  residence.  (1901.  Dec.  17. 
Royster,  G.  M.) 


120  DIGEST     OF    MASONIC    LAW. 

514.  The  application  of  an  expelled  Mason  for  resto- 
ration must  be  referred  to  a  committee,  lie  over  for  at 
least  one  month,  and  be  balloted  on  in  like  manner  as  peti- 
tions for  the  degrees.  The  members  of  the  lodge  shall  be 
summoned  to  attend  the  meeting  at  which  such  petition  is 
to  be  acted  upon.  After  the  committee  makes  its  report, 
the  petition  can  not  be  withdrawn,  but  ballot  must  be 
taken.       (1901.     Dec.     17.    Royster,   G.    M.) 

515.  One  who  has  taken  the  E.  A.  degree  can  not  take 
the  remaining  degrees  in  another  lodge,  except  by  the 
unanimous  consent  of  the  lodge  in  which  he  was  elected. 
He  is  still  subject  to  the  jurisdiction  of  the  lodge  which 
elected  him,  and  may  make  application  to  such  lodge  for 
the  degrees  at  any  time.  The  fact  of  his  neglecting  to 
apply  for  such  degrees  for  a  period  of  eight  years  does 
not  work  a  forfeiture  of  his  right  to  apply  now.  (The  Com- 
mittee on  Jurisprudence,  Page  88,  add):  The  Committee 
do  not  interpret  the  decision  to  mean  that  a  new  ballot  is 
required  unless  demanded.      (1901.  Dec.  17.  Royster,  G.M.) 

516.  A  party  who  removes  from  one  part  of  the  State 
to  another,  and  lives  for  several  years,  and  then  returns  to 
his  former  home,  can  not  apply  for  the  degrees  until  he  shall 
have  resided  for  twelve  months  within  the  jurisdiction  of 
the  lodge  to  which  he  makes  application.  (Committee  on 
Jurisprudence,  Page  89,  add):  Unless  written  permission 
shall  be  granted  by  the  lodge  from  whose  jurisdiction  the 
candidate  has  removed.      (1901.   Dec.    18.    Royster,   G.    M.) 

517.  A  brother  holding  a  dimit  is  not  required  to  pre- 
sent the  same  for  membership  in  another  lodge  within  any 
given  time.      (1901.  Dec.    18.    Royster,  G.  M.) 

518.  A  party  61  years  of  age,  receiving  a  pension  from 
the  United  States  government,  not  physically  deformed, 
has  sufficient  means  of  support  and  is  otherwise  qualified,  is 
eligible   to  membership.      (1901.    Dec.    18.    Royster,  G.  M.) 

519.  A  Master  Mason  holding  a  dimit  may  apply  for 
membership  in  any  lodge  when  and  as  often  as  he  pleases. 


DIGEST     OF     MASONIC    LAW.  12  1 

It  does  not  require  a  twelve  months  residence  within  the 
jurisdiction  of  the  lodge  before  a  Master  Mason  holding  a 
dimit  may  apply  for  membership  in  such  lodge.  (1901. 
Dec.    18.   Royster,  G.  M.) 

520.  A  brother  making  application  for  advancement, 
and  being  rejected,  may  renew  his  application  at  any  time 
thereafter,  and  as  often  as  he  may  please.  (1901.  Dec.  18. 
Royster,  G.  M.) 

521.  The  degrees  maybe  conferred  on  as  many  as  five 
at  the  same  communication;  but  no  more  than  one  candi- 
date can  be  received,  or  obligated,  or  raised  at  the  same 
time.      (1901.    Dec.    18.    Royster,  G.  M.) 

522.  It  does  not  require  a  unanimous  vote  to  remove  a 
lodge  from  one  part  of  a  town  to  another  part  of  the  same 
town.      (1901.    Dec.    18.   Royster,  G.  M.) 

523.  It  is  the  duty  of  a  lodge  to  bury,  with  Masonic 
honors,  one  of  its  members  who  commits  suicide.  One  con- 
victed of  and  executed  for  a  capital  felony  should  not  be 
buried  with  Masonic  honors.  (Committee  on  Jurisprudence, 
Page  89,  add) :  In  case  of  suicide  the  brother  may  have 
been  insane;  in  the  case  of  conviction  of  a  capital  felonv, 
approved,  except  in  the  improbable  event  that  the  lodge 
shall  have  investigated  the  charge,  and  found  the  brother 
"not  guilty."     (1901.   Dec.    18.    Royster,  G.  M.) 

524.  A  party  who  has  lost  two  fingers  of  his  left  hand 
is  eligible  to  the  degrees  in  Masonry,  provided  he  is  other- 
wise qualified  and  physically  able  to  earn  a  livelihood. 
(1901.    Dec.    18.    Royster,  G.  M.) 

525.  A  Master  Mason  who  has  been  elected  to  mem- 
bership in  a  lodge,  and  acted  as  a  member,  paid  dues,  etc., 
but  who  has  not  signed  the  By-laws,  is  a  member  of  such 
lodge.  The  Master,  under  such  circumstances,  would  have 
no  right  to  declare  him  not  a  member  of  the  lodge.  (Com- 
mittee on  Jurisprudence,  Page  89,  add):  A  Mason  is  not  a 
member  of  a  lodge  until  he  shall  have   signed  the   Bv-laws. 

16 


122  DIGEST     OF     MASONIC     LAW. 

But  after  a  Mason  shall  have  been  elected  to  membership 
in  a  lodge,  or  shall  have  received  the  degrees  of  Masonry, 
upon  petition  he  has  a  right  to  sign  the  By-laws  and 
become  a  member*  If  by  inadvertance  he  does  not  sign, 
an  opportunity  should  be  given  him  to  sign.  Upon  his 
failure  or  refusal  so  to  do,  the  Master  has  a  right,  and  it  is 
his  duty  to  declare  that  he  is  not  a  member.  This  does  not 
interfere  with  the  right  of  the  lodge  or  any  member  to  pre- 
fer charges  against  such  member  as  a  Mason  residing  in  its 
jurisdiction  for  any  Masonic  offense.  The  wilful  refusal 
of  any  such  Mason  who  has  for  some  time  acted  as  a  mem- 
ber with  all  the  rights  and  privileges  of  such,  to  sign  the 
By-laws,  (as  he  was  presumed  to  have  done),  or  to  attempt 
to  take  advantage  of  his  own  wrong  in  refusing  to  sign  the 
By-laws,  is  a  Masonic  offense.  (1901.  Dec.  19.  Royster, 
G.  M.) 

526.  The  Regular  Communications  of  a  lodge  are 
fixed  by  its  By-laws,  and  it  cannot  hold  such  Regular  Com- 
munications on  any  other  days  than  those  named  in  such 
By-laws.  A  lodge  has  no  right  to  hold  its  Regular  Monthly 
Communication  a  week  in  advance  of  the  day  named  for 
such  communication  in  its  By-laws.  (1901.  Dec.  1.9. 
Royster,  G.   M.) 

527.  A  brother  against  whom  charges  are  preferred, 
who  is  present  at  the  time  charges  are  preferred  and  accepts 
service  in  open  lodge  of  the  notice  of  the  time  for  the  trial 
of.  such  charges,  thereby  waives  his  right  to  demand  that 
such  notice  be  served  on  him  as  prescribed  in  the  Code. 
(Committee  on  Jurisprudence,  Page  89,  add):  But  a  copy 
of  the  charges  and  specifications  should  be  served  upon  the 
accused.      (1901.    Dec.    19.    Royster,  G.  M.) 

528.  A  lodge  has  no  right  to  assess  its  members  for 
the  purpose  of  building  a  hall,  and  if  a  member  refuses  to 
pay  such  assessment  the  lodge  would  have  no  right  to 
exclude  him.  (Committee  on  Jurisprudence,  Page  89,  add) : 
There  can  be  no  punishment  inflicted  for  the  non-payment 
of  any  assessment  directed   by   a  lodge.      Any  payment   of 


DIGEST    OF     MASONIC     LAW.  1 23 

any  such  assessment  must  be  voluntary.  We  find  no  error 
in  the  ruling  of  the  Grand  Master  as  to  the  right  to  punish. 
(1901.    Dec.    19.    Royster,  G.  M.) 

529.  A  petitioner  whose  right  leg  has  been  amputated 
about  four  inches  below  the  knee,  and  who  wears  an  arti- 
ficial limb,  cannot  be  elected  to  receive  the  degrees.  (1901. 
Dec.    19.    Royster,  G.  M.) 

530.  A  lodge  can  not  be  opened  for  the  transaction  of 
business  with  six  of  its  own  members  and  one  visitor  pres- 
ent. There  must  be  seven  members  present  in  person  to 
constitute  a  quorum.      (1901.    Dec.    19.    Royster,  G.  M.) 

531.  When  candidates  for  advancement  are  to  be 
examined  the  lodge  should  be  opened  in  the  third 
degree.  Then  labor  is  dispensed  with  and  the  candidate 
admitted  and  examined  as  to  his  proficiency.  The  Master 
alone  passes  upon  the  proficiency  of  candidates.  No  vote 
is  necessary.  (Committee  on  Jurisprudence,  Page  89,  add): 
This  does  not  affect  the  right  of  any  member  to  demand  a 
ballot  upon  the  advancement  of  a  candidate.  (1901-  Dec. 
19.    Royster,  G.  M.) 

532.  An  excluded  Mason  may  make  application  to  the 
lodge  excluding  him  for  restoration  as  often  as  such  appli- 
cation may  be  rejected,  subject  to  the  provisions  contained 
in  "Report  of  Committee  on  Jurisprudence'-'  adopted  by 
the  Grand  Lodge,  1888,  on  Page  46,  Code  1897.  (1901. 
Dec.    19.    Royster,  G.  M.) 

533.  A  brother  who  asked  for  and  is  granted  a  dimit 
by  his  lodge,  the  same  becomes  effective  at  once.  The  time 
of  its  actual  delivery,  or  non-delivery,  by  the  Secretary  to 
the  brother,  has  no  bearing  on  its  status.  As  soon  as  the 
lodge  acted  upon  and  granted  the  dimit,  the  brother  ceased 
to  be  a  member,  and  the  only  way  by  which  he  can  regain 
his  membership  is  by  petition  in  the  regular  manner  as 
prescribed  in  the  Code.      (1901.    Dec.  20.    Royster,  G.  M.) 

534.  A  Mason  under  sentence  of  indefinite  suspension 
or  expulsion  who  applies  for  restoration  and  is  rejected  can 


124  DIGEST    OF    MASONIC    LAW. 

not  apply  again  within  one  year  from  the  date  of  such  re- 
jection. (Committee  on  Jurisprudence,  Page  90,  add):  The 
language  of  Article  X,  Section  13,  is  probably  broad  enough 
to  cover  the  case.      (1901.    Dec.    20.    Royster,  G.  M.) 

535.  A  dimitted  Mason  whose  application  for  member- 
ship is  rejected  has  no  right  to  demand  that  he  be  received 
as  a  member,  or  that  the  lodge  prefer  charges  against  him. 
(1901.    Dec.    20.    Royster,  G.  M.) 

536.  In  the  case  from  Lodge,  your  Committee 

find:  1,  that  the  brother  was  expelled  for  disobeying  a 
legal  summons,  2,  which  was  sent  him  by  registered  mail 
and  returned  to  said  lodge  undelivered ;  hence  was  not 
received  by  the  brother;  and  3,  that  at  the  time  the  said 
summons  was  registered  the  brother  was  in  a  remote  por- 
tion of  Florida  and  probably  his  proper  address  was 
unknown  to  the  said  lodge  and,  4,  that  the  said  lodge  has 
surrendered  its  charter,  therefore,  your  Committee  recom- 
mend that  the  brother  be  restored  by  the  Grand  Lodge  to 
Masonry  without  prejudice.      (1901.    Rep.    75.) 

538.  Where  a  Grand  Master  suspends  a  Master  of  a 
lodge  from  his  office  and  causes  a  certified  copy  of  his  letter 
of  suspension  to  be  given  the  suspended  brother,  it  is 
proper  for  the  Grand  Lodge  to  appoint  a  committee  to  pre- 
fer charges  and  proceed  with  a  trial  of  him  on  the  specifi- 
cations.     (1901.    Rep.  87.) 

539.  A  party  who  enlisted  in  the  Volunteer  Army 
during  1899,  and  who  returned  to  his  home  in  this  State  in 
1 90 1,  is  eligible  to  the  degrees.  Act  of  Congress  provides 
that  volunteer  soldiers  shall  lose  none  of  their  rights  of  cit- 
izenship. I  regard  Masonic  and  civil  residence  in  the  same 
light.      (1902.   Dec.    20.    Royster,  G.  M.) 

540.  A  member  of  a  lodge  who  produces  the  Secre- 
tary's receipt  that  he  has  paid  all  lodge  dues,  and  against 
whom  no  charges  are  pending,  is  entitled  to  dimit,  regard- 
less of  the  fact  that  he  does  not  intend  to  apply  to  another 
lodge  for  membership.      (1902.    Dec.    20.    Royster,  G.  M.) 


DIGEST     OF     MASONIC     LAW.  1 25 

541.  When  the  charter  of  a  lodge  is  restored,  all  mem- 
bers of  said  lodge  in  good  standing  at  the  time  it  became 
dormant  or  surrendered  its  charter,  become  members  of 
such  lodge  upon  restoration  of  charter,  and  no  petition  for 
such  membership  is  required.    (1902.  Dec.  20.  Royster,G.  M.) 

542.  The  names  of  candidates  whose  applications  are 
to  be  balloted  on  should  not  be  printed  in  notices  of  meet- 
ings sent  by  a  lodge  to  its  members.  (1902.  Dec.  20. 
Royster,  G.  M.) 

543.  When  a  lodge  restores  to  membership  one  who 
has  been  suspended,  it  can  not  thereafter  rescind  its  action 
restoring  such  member.  If  he  be  guilty  of  Unmasonic  con- 
duct, the  proper  way  to  deal  with  him  would  be  to  prefer 
charges,  and  try  him.      (1902.   Dec.    20.    Royster,  G.  M.) 

544.  Every  petition  for  initiation  shall  lie  over  for  at 
least  one  month  before  being  balloted  upon.  This  is  true 
even  if  a  lodge  meets  every  week,  and  notwithstanding  the 
provision  of  Section  3,  Article  VI,  By-laws  for  Government 
of  Lodges.  Section  3,  Article  X,  of  the  By-laws  of  the 
Grand  Lodge  controls.      (1902.    Dec.    20.    Royster,  G.  M.) 

545.  In  the  case   from Lodge,  we   find  that   it 

does  not  appear  that  every  facility  was  allowed  the  accused 
for  his  defense,  in  that  he  was  not  permitted  to  be  heard  in 
defense,  as  provided  in  Article  XIV,  Section  5,  of  the  Code ; 
nor  does  it  appear  that  he  was  duly  notified  of  the  taking  of 
affidavits,  which  were  read  in  evidence  against  him  and  over 
his  protest.  It  does  appear,  however,  that  hearsay  evidence 
was  admitted  against  the  accused.  (See  Article  XIII,  Sec- 
tion 3,  and  Article  XIV,  Section  3,  of  the  Code.)  We,  there- 
fore, recommend  that  the  Grand  Lodge  do  not  confirm  the 
proceedings  in  said  case,  and  that  a  new  trial  be  granted. 
(1902.    Rep.    91.) 

546.  Resolved,  That  the  Directors  of  the  Oxford 
Orphan  Asylum  elected  by  the  Grand  Lodge,  be  requested 
to  attend  the  Annual  Communications  of  the  Grand  Lodge, 
and  that  their  expenses  be  paid  in  the  same  manner  as  the 


126  DIGEST     OF    MASONIC     LAW. 

expenses  of  the  Grand  officers  are  paid;  that  the  expenses 
of  such  Directors  as  are  in  attendance  at  this  Communica- 
tion be  paid  by  the  Grand  Treasurer.      (1902.    Res.    107.) 

547.  Q.  Is  it  obligatory  for  every  member  present  in 
the  lodge  room  to  vote  for  candidate? 

A.      Yes.      (1903.    Dec.    19.   Clark,  G.  M.) 

548.  Q.  If  a  candidate  is  elected  and  so  declared  by 
a  Master,  can  a  member  call  for  a  new  ballot,  on  ground  of 
irregularity,  because  some  member  present  did  not  vote? 

A.  No.  Every  member  present  should  have  voted; 
after  the  ballot  was  closed  and  results  counted,  it  was  not  in 
the  power  of  the  Master  to  re-open.  (1903.  Dec.  19.  Clark, 
G.  M.) 

548a.  Q.  Is  a  candidate  who  has  a  wooden  leg  eli- 
gible for  degrees  in  Masonry? 

A.     No.      (1903.    Dec.    19.   Clark,  G.  M.) 

549.  Q.  Can  a  Mason  withdraw  petition  for  member- 
ship after  same  has  been  accepted  and  an  investigating 
committee  appointed? 

A.  No.  After  petition  has  been  received,  it  becomes 
the  property  of  the  lodge  and  subject  to  regular  course. 
(1903.    Dec.    19.   Clark,  G.  M.) 

550.  Q.  A  member  of  A  Lodge  dimits  and  petitions 
B  Lodge  and  is  rejected.      What  recourse  has  a  brother? 

A.  He  can  petition  that  or  any  lodge  in  the  jurisdic- 
tion at  their  Regular  Communication.  (1903.  Dec.  20. 
Clark,  G.  M.) 

551.  Q.  If  one  blackball  is  cast,  can  reason  be 
demanded? 

A.  No.  The  ballot  box  is  sacred  and  absolutely 
un questionable.     (1903.    Dec.    20.   Clark,  G.  M.) 

552.  Q.  Should  a  Mason  dimitted  from  A  Lodge  be 
rejected  in  B  Lodge,  and  then  return  his  dimit  to  A  Lodge, 
are  they  bound  to  restore  his  name  to  the  roll? 

A.  Only  by  petition  and  election.  (1903.  Dec.  20. 
Clark,  G.  M.) 


DIGEST    OF     MASONIC     LAW.  127 

553-  Q-  It  ne  should  not  petition  A  Lodge,  what 
and  where  is  he? 

A.  Should  he  fail  of  election  he  belongs  to  that  eye- 
sore in  North  Carolina  Masonry,  Non-affiliative,  and  where 
he  is  this  deponent  sayeth  not.  (1903-  Dec.  20.  Clark, 
G.  M.) 

554.  Q.  Is  an  applicant  wdth  only  one  eye  eligible 
for  the  degrees  in  Masonry? 

A.     Yes.      (1903.    Dec.    20.  Clark,  G.  M.) 

555.  Q.  A  party  is  made  an  Entered  Apprentice 
before  the  war,  enlists  in  the  army,  and  after  the  war 
moves  out  West ;  has  lately  returned,  and  now  applies  for 
the  other  two  degrees.  Has  he  forfeited  his  privileges  by 
such  delay! 

A.     No.     (1903.   Dec.   20.   Clark,  G.  M.) 

556.  Q.  A  member  of  C  Lodge  dimits  and  applies 
for  membership  in  D  Lodge;  is  rejected.  Can  he  re-apply 
for  membership  in  C  Lodge  before  the  expiration  of  twelve 
months? 

A.  Yes.  The  law  applying  to  applicants  for  degrees 
does  not  apply  to  a  Master  Mason ;  he  is  at  liberty  to  re-apply 
as  often  as  he  sees  fit  to  chance  the  ballot  box.  (1903.  Dec. 
20.   Clark,  G.  M.) 

557.  Q.  Can  C  Lodge  entertain  his  petition  at  any 
time  without  the  consent  of  D  Lodge  while  he  is  resident 
nearer  A  Lodge? 

A.  Yes.  Territorial  limit  does  not  apply  to  Master 
Masons  seeking  membership  as  it  does  to  applicants  for 
degrees.      (1903.    Dec.    20.   Clark,  G.  M.) 

558.  A  lodge  has  no  right  to  suspend  a  member  for 
non-payment  of  dues.  [Article  XII,  Sections  9  and  12  of 
Code.]     (1903.    Rep.    108.) 

559.  Q.  Can  application  for  degrees  be  received  b}T  a 
lodge  from  a  party  that  is  so  deaf  that  he  has  to  use  an 
ear  trumpet? 

A.     No. 


T28  DIGEST    OF     MASONIC     LAW. 

(Committee  on  Jurisprudence,  P.  77,  add):  The  Com- 
mittee are  of  the  opinion  that  total  deafness,  or  such  deaf- 
ness as  will  incapacitate  the  applicant  from  properly  receiv- 
ing the  degrees,  would  disqualify  a  petitioner  from  admission 
to  the  degrees  of  Masonry.  The  use  of  an  ear  trumpet 
would  not  of  itself  be  sufficient,  if  the  applicant  could  receive 
the  degrees,  signs  and  pass  words,  according  to  the  ancient 
usages  of  the  Craft,  but  would  raise  a  strong  presumption 
of  such  disqualification.      (1904.    Dec.   Clark,  G.  M.) 

560.  Q.  Is  an  applicant  who  has  lost  his  right  hand 
eligible  for  the  degrees? 

A.  No.  He  can  not  conform  to  the  requirements  of 
initiation.      (1904.   Dec.    16.   Clark,  G.  M.) 

561.  Q.  Can  a  lodge  entertain  the  petition  of  a  party 
who  has  lost  one  arm  ? 

A.     No.     (1904.   Dec.    16.   Clark,  G.  M.) 

562.  Q.  A  brother  is  dismembered  for  non-payment 
of  dues,  makes  arrangements  to  settle  them,  and  is  ordered 
to  be  reinstated  at  next  communication;  before  that  is  held, 
he  is  drowned.  His  widow  requests  Masonic  funeral ;  is  he 
entitled  to  it? 

A.  If  the  brother  paid  in  full  all  dues  that  he  owed  the 
lodge  that  reinstated  him,  he  was  entitled  to  Masonic  burial, 
if  the  body  was  recovered ;  if  he  failed  to  make  such  settle- 
ment, he  died  a  non-affiliate,  and  was  entitled  to  nothing. 
Acting  on  the  hypothesis  that  the  body  was  recovered,  and 
was  buried  before  this  question  was  answered,  I  refer  to 
the  case  to  especially  place  the  stamp  of  disapproval  upon 
mock  funerals,  considering  them  a  travesty  upon  one  of  the 
most  sacred  rites.  It  is  a  custom  growing  beautifully  less, 
and  should  be  discontinued  entirely.  (1904.  Dec.  16. 
Clark,  G.  M.) 

563.  Q.      Is  it  obligatory  to  display  charter  in  lodge? 
A.     No.     The  proper  place  is  in  the  lodge  room,  where 

it   should   be   framed   and  hung  on  the    walls,  but  the  law 
does  not  require  it  to  be  kept  there. 


DIGEST     OF     MASONIC     LAW.  I  29 

(Committee  on  Jurisprudence,  P.  77,  add):  Your  Com - 
'  mittee  is  of  the  opinion  that  when  the  lodge  is  opened  the 
charter  must  be  present,  preferably  to  be  displayed  as 
decided  by  the  Grand  Master,  and  when  the  lodge  is  not 
open  it  may  be  kept  in  any  safe  place.  (1904.  Dec.  16. 
Clark,  G.  M.) 

564.  Q.  A  party  makes  application  to  a  lodge  in 
another  Grand  Jurisdiction  and  is  rejected.  He  subse- 
quently moves  into  this  Jurisdiction,  apparently  leads  a 
blameless  life,  and  makes  application  to  a  lodge  in  this 
Jurisdiction,  making  known  his  previous  rejection.  Can 
the  petition  be  entertained? 

A.  Permission  to  entertain  or  release  should  be  secured 
from  the  rejecting  lodge  before  the  lodge  in  this  Jurisdic- 
tion can  accept  petition.  This  decision  is  worthy  of  careful 
consideration,  and  if  I  am  reversed  I  shall  not  feel  aggrieved. 
I  have  simply  given  my  construction  of  Article  X,  Sec.  13, 
Page  39,  of  the  Code,  and  was  so  governed  because  North 
Carolina  holds  to  the  perpetual  jurisdiction  theory,  a  law 
that  I  candidly  think  could  oft  times  be  honored  in  the 
breach.  This  office  is  made  to  interpret  the  law  and  not 
make  it,  and  I  have  done  so. 

(Committee  on  Jurisprudence,  P.  77,  says):  Approved, 
and  whatever  doubt  there  is  as  to  the  expediency  is  for  the 
Grand  Lodge.  Neither  the  Grand  Master  nor  this  Commit- 
tee can  do  otherwise  than  construe  the  law  as  they  find  it. 
(1904.    Dec.    16.   Clark,  G.  M.) 

565.  Q.  Can  a  petition  be  received  from  a  party 
under  age,  but  will  become  of  age  before  the  petition  is 
acted  upon? 

A.  No.  Let  him  wait  with  patience  till  he  is  of 
"lawful  age  and  properly  vouched  for."  (1904.  Dec.  17. 
Clark,  G.  M.) 

566.  Q.  Can  charges  be  preferred  against  a  brother 
for  retailing  whiskey? 

A.     No.      The  simple  fact  of  a  Mason  selling  whiskey 
is  no  Masonic  crime,  and  so  long  as  he  does  not  fracture  the 
17 


130  DIGEST    OF     Masonic     LAW. 

civil  or  Masonic  law  he  is  guilty  of  no  offense.      It  is  to  be 
observed,  though,  that  Masonry  discountenances  the  whiskey' 
traffic,  and    stands    boldly    for   sobriety    and    temperance. 
(1904.    Dec.    17.    Clark,  (J.  M.) 

567.  Q.  Can  the  degrees  be  conferred  upon  more  than 
one  candidate  at  the  same  time? 

A.  But  one  candidate  can  be  received  and  obligated  at 
a  time.  The  explanatory  lectures  can  be  given  to  any  num- 
ber of  candidates. 

This  question  was,  I  think,  very  satisfactorily  answered 
by  Past  Grand  Master  Royster,  and  his  decision  having 
been  sustained  by  the  Grand  Lodge,  I  should  not  have 
referred  to  it,  had  not  one  of  our  brightest  Masons  asked 
for  an  official  interpretation.      (1904.  Dec.  17.  Clark,  G.  M.) 

568.  Q.  Applicant  is  elected  and  initiated,  and  pre- 
sents himself  for  advancement  to  the  degree  of  F.  C.  A 
member  of  the  lodge  objects.  Query:  Should  the  objec- 
tion be  made  in  open  lodge,  or  the  Master,  in  private,  ask 
for  the  ballot? 

A.  Objections  should  be  made  in  open  lodge;  if  rea- 
sons are  just  and  lawful,  then  the  tiled  recesses  of  the  lodge 
should  be  the  objector's  shield  ;  if  they  are  to  gratify  a  per- 
sonal spite,  then  he  should  not  endeavor  to  place  the  Master 
in  a  position  he  was  too  timid  to  occupy. 

(Committee  on  Jurisprudence,  P.  77,  add):  Approved, 
so  far  as  it  requires  the  objection  to  be  made  in  open  lodge. 
While  a  member  making  the  objection  can  not  be  required 
to  state  his  reasons  therefor,  still  he  may  do  so.  (1904. 
Dec.    17.   Clark,  G.  M.) 

569.  Q.  A  Master  Mason,  expelled  from  B  Lodge, 
removes  into  the  jurisdiction  of  C  Lodge ;  to  which  lodge 
should  he  apply  for  reinstatement? 

A.  B  Lodge  having  imposed  the  penalty,  according  to 
Masonic  law,  he  must  apply  to  B  Lodge  for  relief.  (1904. 
Dec.    18.    Clark,  G.  M.) 

570.  In    the    case    from         Lodge,    Bro.    M.    was 


DIGEST    OF     MASONIC    LAW.  131 

charged  by  Bro.  P.  with  setting  fire  to  his  own  store  and  the 
town  in  which  he  lived.  The  evidence  as  certified  in  the 
appeal  shows  that  Bro.  M.  tried  to  settle  the  case  with  Bro. 
P.  ;  that  is,  if  Bro.  P.  would  make  a  public  retraction  and 
pay  his  attorney's  fees.  This  Bro.  P.  refused  to  do,  and 
told  him  to  crack  his  whip;  whereupon,  about  five  months 
after  the  alleged  slander,  Bro.  M.  issued  a  summons  from 
the  superior  court  in  an  action  for  slander.  The  charge 
preferred  against  Bro.  M.  was  for  bringing  an  action  in  a 
civil  court  before  referring  the  matter  to  the  lodge  for  set- 
tlement. In  the  trial  no  attempt  was  made  to  substantiate 
the  charge  that  Bro.  M.  had  set  fire  to  his  store  and  to  the 
town  in  which  he  lived,  no  brother  appearing  as  a  witness 
against  Bro.  M.  The  lodge  suspended  Bro.  M.  for  three 
months,  basing  its  action  on  the  ground  that  for  one  Mason 
to  bring  an  action  in  a  civil  court  against  another  Mason, 
without  first  submitting  the  matter  to  the  lodge,  was  a  vio- 
lation of  Masonic  law.  Your  Committee,  after  careful 
investigation  of  the  law  as  set  down  in  the  Code,  and  after 
examining  Mackey  and  Chase  on  Masonic  law,  and  getting 
the  opinion  of  the  brethren  of  this  Grand  Lodge  well  versed 
in  Masonic  law,  are  unable  to  find  any  Masonic  law  which 
forbids  one  Mason  bringing  an  action  at  law  against  another 
Mason  without  first  submitting  the  controversy  to  the 
lodge,  and  therefore  recommend  that  the  sentence  of 
suspension  as  passed  against  Bro.  M.  be  set  aside,  and  that 

he  be  restored  to  full  connection  in Lodge.      (1904. 

Rep.   87.) 

571.      In  the   appeal   from —  Lodge,  the  appellant 

fails  to  comply  with  Article  XIII,  Section  8,  of  the  By-laws, 
in  that  he  has  not  sent  up  to  the  Grand  Lodge  any  writing 
setting  forth  his  grounds  of  appeal,  and  has  failed  to  appear 
and  prosecute  his  appeal ;  and  notwithstanding  this,  even 
upon  the  merits  of  the  case,  the  brother  admitted  upon  trial 
that  he  had  embezzled  funds  from  a  Knights  of  Pythias 
Lodge,  and  had  been  suspended  by  the  Knights  of  Pythias 
Lodsfe.      We  therefore  recommend  that  the  action  of 


132  DIGEST   OF    MASONIC     LAW. 

Lodge,  in  expelling  the  brother,  be  sustained  rind  the  appeal 
dismissed.     (1904.    Rep.   88.) 

572.  Resolved,  That  it  is  the  sense  of  the  Grand  Lodge 
of  North  Carolina  that  each  Subordinate  Lodge  be  requested 
to  subscribe  to  the  second  mortgage  bonds  of  the  Masonic 
Temple  Construction  Company  to  the  full  extent  of  its 
ability,  and  that  each  representative  in  this  Grand  Body  be 
requested  to  lay  this  matter  before  their  respective  lodges 
on  their  return  home,  and  urge  upon  their  lodges  the 
importance  of  this  movement.      (1904.    Res.    106. ) 

573.  Resolved,  That  the  members  of  the  Masonic 
Temple  Committee  be,  and  they  are  hereby  appointed 
proxy  for  the  Grand  Lodge  of  North  Carolina,  to  vote  its 
stock  in  any  and  all  stockholders'  meetings  of  the  Masonic 
Temple  Construction  Company;  that  they  shall  vote  the 
same  as  a  majority  of  a  quorum  of  the  Committee  may 
determine. 

Resolved,  That  any  member  of  the  Masonic  Temple 
Committee  may  act  as  a  director  or  other  officer  of  the 
Masonic  Temple  Construction  Company  by  virtue  of  the 
ownership  of  the  stock  in  said  Construction  Company  by 
the  Grand  Lodge  of  North  Carolina.      (1904.    Res.    106.) 

574.  A  man  with  an  artificial  leg  is  not  eligible  to 
receive  the  degrees  of  Masonry.  (1905.  Dec.  16.  Liddell, 
G.  M.) 

575.  A  man  with  three  fingers  and  part  of  the  thumb 
of  the  right  hand  missing  is  not  eligible  to  receive  the 
degrees  of  Masonry.      (1905-   Dec.    16.    Liddell,  G.  M.) 

576.  A  man  with  a  double  hair  lip  is  ineligible  to  receive 
the  degrees  of    Masonry.      (1905.    Dec.    16.    Liddell,  G.  M.) 

577.  A  person  who  has  lost  the  fingers  of  his  right 
hand,  but  his  thumb  on  his  hand  is  all  right  and  the  knuckles 
on  his  hand  are  saved,  his  right  leg  shorter  than  the  left 
and  he  has  to  walk  on  crutches,  is  not  eligible  to  receive 
the  degrees  of  Masonry.       (1905-    Dec.    16.    Liddell,  G.  M. ) 

578.  A  man   crippled  from  white  swelling,  walking  on 


DIGEST      OF      MASONIC     LAW.  I33 

his  toes,  and  getting  worse  every  year,  is  not  eligible  to 
receive  the  degrees  of  Masonry.  (1905.  Dec.  r6.  Liddell, 
G.  M.) 

579.  A  person  incapable  of  kneeling  on  the  left  knee, 
one  leg  so  short  and  deformed  as  to  require  the  use  of  a 
cork  foot,  is  not  eligible  to  receive  the  degrees  of  Masonry. 
(1905.    Dec.    16.    Liddell,  G.  M.) 

580.  A  man  so  bow-legged  as  to  almost  amount  to  a 
deformity  is  eligible  to  receive  the  degrees  of  Masonry. 
While  he  could  not  be  styled  a  perfect  youth,  there  is 
nothing  that  would  prevent  him  from  passing  through  all 
the  forms  of  initiation.      (1905-    Dec.    16.    Liddell,  G.  M.) 

581.  In  answer  to  a  letter  asking  if  a  man  who  had 
joined  a  clandestine  lodge,  not  knowing  that  it  was  such, 
was  eligible  to  receive  the  degrees  in  a  regular  lodge,  I 
replied  as  follows: 

If  a  man  has  unknowingly  gone  wrong,  and  wants  to 
go  right,  there  is  nothing  for  him  to  do  but  turn  around 
and  go  in  the  right  direction.  If  the  man  you  write  about 
unknowingly  got  into  a  clandestine  lodge,  and  having 
learned  of  the  fact,  wishes  to  become  a  true  Mason,  I  see  no 
reason  why  his  petition  should  not  be  received  and  take  its 
regular  course.  If  he  is  a  proper  candidate  for  Masonry, 
the  fact  that  he  had  been  a  member  of  a  spurious  body,  not 
knowing  that  it  was  such  when  he  joined,  should  not  bar 
him  from  receiving  the  degrees.  (1905.  Dec.  17.  Liddell, 
G.  M.) 

582.  I  would  like  to  have  been  able  to  have  decided 
that  where  a  lodge  had  conferred  the  degrees  by  request  of 
another  lodge,  that  at  the  request  of  such  lodge  the  brother 
could  become  a  member  of  the  lodge  conferring  the  degrees 
by  signing  the  By-laws.  An  E.  A.  having  received  his 
degree  in  the  eastern  part  of  the  State,  and  removing  to 
the  western  part  of  the  State,  where  the  lodge  there,  by 
request,  confers  the  degrees  of  F.  C.  and  M.  M.,  should  not 
be  compelled  to  return  to  the  lodge  where  he  was  elected  to 
receive  the  degrees,  to  sign  the  By-laws,  simply  for  the  pur- 


134  DIGEST     OF     MASONIC    LAW. 

pose  of  obtaining  a  dimit.  I  do  not  think  the  law  of  the 
Grand  Lodge  intended  this.  A  request  from  the  lodge  for 
whom  the  degrees  were  conferred,  to  allow  the  brother 
on  whom  the  degrees  were  conferred  by  courtesy,  to  sign 
the  By-laws  of  the  lodge  conferring  the  degrees  and  become 
a  member  thereof,  should,  in  my  opinion,  be  the  law,  and 
not  require  the  approval  of  the  Grand  Master.  I  did 
authorize  this  course  in  two  instances  where  the  circum- 
stances fully  warranted  my  action. 

(Committee  on  Jurisprudence,  P.  94,  add):  In  such 
case  can  the  brother  become  a  member  of  the  lodge  confer- 
ring degrees  by  signing  the  By-laws? 

If  this  is  not  already  met  by  the  existing  law  your 
Committee  is  of  the  opinion  that  the  Code  should  be  amended 
by  providing  that  in  such  case  the  brother,  having  been 
elected  to  the  degrees  of  Freemasonry,  should  be  allowed 
to  sign  the  By-laws  of  his  original  lodge  by  proxy,  or  should 
signify  his  assent  in  writing  to  receive  a  dimit.  It  seems 
best  to  the  Committee  that  the  record  to  the  lodge  in  which 
the  brother  was  elected  should  show  that  he  had  become  a 
member  thereof  by  signing  the  By-laws,  or  by  signifying  in 
writing  his  assent  to  the  By-laws,  which  would  be  substan- 
tially the  same.  He  could  then  receive  a  dimit  just  as  in 
all  other  cases  of  a  change  of  residence.  (1905.  Dec.  17. 
Liddell,  G.  M.) 

583.  If  a  candidate  has  received  the  Entered  Appren- 
tice degree,  having  been  passed  upon  as  to  character,  physi- 
cal qualifications,  etc.,  it  would  seem  that  to  stop  his 
progress  charges  should  be  preferred,  but  the  Code 
does  not  warrant  this,  and  as  the  Grand  Lodge  meets  in 
January  I  will  hold  your  letter  for  it  to  decide. 

(Committee  on  Jurisprudence,  P.  95,  add):  In  regard 
to  the  advancement  of  an  Entered  Apprentice  where  objec- 
tions had  been  raised,  the  Committee  endorses  the  decisions 
of  the  Grand  Master.  While  the  practice  is  not  uniform 
throughout  the  various  Grand  Jurisdictions,  in  North  Caro- 
lina an  applicant  is  usually  elected   to  the   three  degrees  of 


DIGEST    OF     MASONIC     LAW.  135 

Masonry  at  the  same  time  by  a  single  ballot.  If  for  any 
cause  subsequently  arising,  or  information  subsequently 
obtained  by  a  member  of  the  lodge,  or  upon  information 
already  in  the  possession  of  any  member  who  was  not  pres- 
ent at  the  election,  it  would  seem  that  any  brother  had 
a  right  to  demand  a  new  ballot  for  the  succeeding  degrees. 
While  this  might  be  subject  to  abuse,  it  is  no  more  so  than 
the  use  of  the  blackball;  which  in  every  instance  puts  the 
veto  power  in  the  hands  of  any  individual  brother.  (1905. 
Dec.    17.    Liddell,  G.  M.) 

5S4.  The  construction  I  put  upon  the  resolution  creat- 
ing the  Board  of  Custodians,  and  appearing  on  Page  62  of 
the  Proceedings  of  1903,  is  that  the  Board  of  Custodians  is 
appointed  by  the  Grand  Master  to  decide  that  the  work  as 
taught  is  the  Stevenson  work,  and  if  any  changes  have  to 
be  made,  make  them  at  once,  and  then  forever  afterward 
preserve  the  work  unchanged ;  that  any  Mason  desiring  to 
become  a  Lecturer  can  demand  of  the  Grand  Lecturer,  or 
one  of  his  assistants,  to  examine  him  and  certify  in  writing 
as  to  his  proficiency.  With  this  certificate  he  can  appear 
before  the  Custodians,  who  will  examine  into  his  character, 
decide  on  the  impression  he  would  make  as  a  man  in  the 
discharge  of  his  duty,  pass  upon  his  ability  to  impart 
what  he  knows  to  others.  They  can  recommend  him  to  the 
Grand  Master,  who  is  to  be  the  judge  as  to  whether  or  not 
more  Lecturers  are  needed.   (1905.   Dec.    18.    Liddell,  G.  M.) 

585.  Resolved,  That  hereafter  the  candidate  shall  be 
taught  that  the  Master  Mason  shall  have  the  privilege  of  wear- 
ing his  apron  with  the  corner  up,  and  that  the  Fellow  Craft 
shall  wear  his  apron  with  the  flap  down ;  and  that  all  laws 
in  conflict  herewith  shall  be  repealed.      (1905.    Res.    106.) 

586.  A  Master  Mason,  a  member  of  B  Lodge,  who 
while  in  the  jurisdiction  of  C  Lodge,  is  guilty  of  immoral 
or  Unmasonic  conduct,  may  be  tried  by  C  Lodge  for  such 
offense.  Article  XIII,  Section  1,  of  the  Code:  A  Lodge 
has  territorial  as  well  as  personal  jurisdiction.  (1906.  Dec. 
20.    Liddell,  G.  M.) 


136  DIGEST    OF     MASONIC    LAW. 

587.  Where  two  lodges  in  adjacent  municipalities  exer- 
cise concurrent  jurisdiction,  it  must  be  by  mutual  agree- 
ment, or  else  by  act  of  the  Grand  Lodge.  If  by  mutual 
agreement  it  may  be  terminated  at  any  time  by  either;  if 
by  order  of  the  Grand  Lodge  that  body  may  reverse  it. 
(1906.    Dec.    20.    Liddell,  G.  M.) 

588.  Suspended  Mason  may  be  restored  to  good  stand- 
ing as  a  Mason  by  the  Grand  Lodge,  which  may  or  may 
not  reinstate  him  in  the  lodge  from  which  he  was  sus- 
pended.     (1906.    Rep.    75.) 

589.  1,  Resolved,  That  from  and  after  the  passage  of 
this  resolution,  the  Grand  Master,  Deputy  Grand  Master, 
Grand  Senior  Warden  and  Grand  Junior  Warden,  in  their 
discretion,  be  authorized  to  divide  the  State  into  such  a 
number  of  Masonic  districts,  and  that  the  Grand  Master 
be  authorized  in  his  discretion,  to  appoint  and  commission 
as  District  Deputy,  some  Master  Mason,  in  good  standing  in 
a  lodge  located  within  the  district  for  which  he  may  be 
appointed. 

2,  That  each  District  Deputy  Grand.  Master  shall 
exercise  such  powers  and  perform  such  duties  as  may  be 
delegated  from  time  to  time  by  the   Grand   Master  to   him. 

3,  That  each  District  Deputy  Grand  Master  shall 
n\ake  annual  report  to  the  Grand  Master  thirty  days  prior 
to  the  Annual  Communication  of  the  Grand  Lodge,  setting 
forth  his  official  acts  during  the  year,  the  state  of  Masonry 
within  his  jurisdiction,  the  condition  of  the  lodges  in  his 
district,  and  suggesting  such  measures  as  to  him  may 
appear  conducive  to  the  general  good  of  the  Fraternity, 
which  report  shall  be  laid  before  the  Grand  Lodge  and  it 
(or  such  part  as  the  Grand  Master  may  designate)  shall  be 
published  with  the  Proceedings.      (1906.    Rep.    76.) 

590.  Your  Committee  on  Correspondence  is  induced 
to  believe  that,  although  the  Grand  Lodge  of  Cuba  and 
Costa  Rica  were  for  a  long  time  dominated  by  Supreme 
Councils  of  the  Scottish  Rite,  they  are  now  independent  of 
these  hierarchial  bodies  and  exercise  sovereign  control  over 


DIGEST     OF    MASONIC    LAW.  137 

the  three  degrees  of  Symbolic  Masonry  in  their  respective 
territories.  The  Committee  therefore  recommend  that 
fraternal  recognition  be  extended  to  the  Grand  Lodges  of 
Cuba  and  Costa  Rico.      (1906.    Rep.    79.) 

591.  Resolved,  That  the  Grand  Lodge  of  Ancient 
Free  and  Accepted  Masons  of  North  Carolina  extend  to  the 
Grand  Lodge  of  Queensland,  Ancient  Free  and  Accepted 
Masons,  a  cordial  and  fraternal  recognition,  and  that  an 
exchange  of  Representatives  be  effected  as  speedily  as  prac- 
ticable.     (1906.    Rep.   81.) 

592.  Under  Article  VI,  Section  6,  if  the  applicant  neg- 
ligently fail  to  offer  himself  for  initiation  the  fee  will  be 
forfeited  and  the  proceedings  null  and  void.  If  there  shall 
be  any  subsequent  negligence  or  misconduct,  the  right  now 
existing  upon  the  request  of  any  member  of  the  lodge  to 
call  for  a  ballot  upon  the  succeeding  degrees,  sufficiently 
guards  the  interests  of  the  Order.      (1906.    Rep.   87.) 

593.  Resolved,  That  the  Grand  Master  shall  be  author- 
ized to  appoint  a  Historian  of  the  Grand  Lodge  of  North 
Carolina  to  undertake  such  labor  of  love.      (1906.    Res.   96. ) 

594.  The  Committee  to  which  was  referred  the  resolu- 
tion of  Past  Grand  Master  Nichols  have  considered  the 
same  and  recommend  the  following  as  a  substitute: 

Section  3a.  When  a  dimit  shall  be  applied  for  by  any 
member  for  the  purpose  of  joining  another  lodge,  if  the 
application  shall  state  such  purpose,  his  membership  in 
his  lodge  shall  not  cease  until  his  application  for  member- 
ship in  the  lodge  to  which  he  has  applied  shall  be  granted, 
and  that  the  form  of  application  for  a  dimit  shall  be 
amended  by  adding  at  the  end  in  parenthesis  (for  the  pur- 
pose of  applying  for  membership  in Lodge,  No. ) 

(1906.    Res.    96.) 


18 


jlIsrDEX.| 


(References  are  to  sections,  not  pages.) 

Abandoning  Family.  section 

Masonic  offense 422 

Abroad. 

What  is 509 

Means  beyond  jurisdiction  of  lodge 489 

Absence. 

Officer  may  be  installed  by  proxy  during 175 

Abusive  Language. 

Should  not  be  used 353 

Accessory. 

Cannot  be  tried  until  conviction  of  principal 105 

Accused. 

Absent,  trial  should  be  defended 229 

Conduct  since  suspension,  Grand  Lodge  may  expel  for 280 

No  Masonic  privileges  pending  appeal 442 

After  conviction,  pending  appeal,  no  right  to  visit 437,  438 

Secretary  notifies  of  charges 211 

Furnished  copy  of  charges 422 

Charges  and   specifications  served  on 527 

Transcript  must  show  notice  to .-: 244,  245 

Registered   letter  containing   summons    returned  to  lodge 

undelivered  is  no  evidence  of  knowledge  by 536 

Right  to  file  and  verify  answer 234 

Entitled  to  make  statement 300 

May    testify 103 

Must  be   permitted  to  be  heard  in  defense 545 

Must  be  notified  of  taking  of  any  testimony 464 

Must  be  notified  to  taking  of  depositions 244,  272 

Notified  of  taking  of  affidavits 545 

Individual  offense  should  not  be  made  joint 237 

May  refuse  to  answer  question 396 

May  be  represented  by  counsel,  a  profane 319 

May  employ  counsel 381 

Accuser. 

Cannot  appeal  from  verdict  of  acquittal 420 


2  INDEX. 

Acquittal.  skctiox 

No  appeal  from 268,  282,  388,  420 

Vole  cannot  he  reconsidered 114 

Action  at  Law. 

Not  Unniasonic  conduct 329 

Adjoining  Towns. 

Jurisdiction 298 

Adjourn. 

Lodges    do  not 48 

Adulterating  Liquor. 

False  charge  of  is  Unniasonic 373 

Advancement. 

Candidate  must  make  due  proficiency  hefore 149,  441,  475 

Ballot  may  be  had  on 583 

Brother  may  question 250 

May  be  objected  to 335 

Objections  to  stops  candidate , 456 

Objections  to,  reasons  need  not  be  given 568 

Lapse  of  time  does   not  bar  Entered  Apprentice 555 

Candidate  may  present  himself  any  time 484,  487 

Rejected  candidate  may  apply  any  time  thereafter 520 

Advertisements. 

Improper  to  use  emblems  on 108 

Affidavits. 

Accused  must  be  notified  of  taking 545 

Affiliate. 

Must    produce  dimit 43 

Affiliation. 

When  petition  received,  no  dimit 297 

Applicant  need  not  dimit  when . 594 

Petitioner  for  is  non-affiliate  until  accepted  356 

Non-affiliate  has  right  of  petitioning 290 

Non-affiliate  may  apply  anywhere  and  at  any  time 556 

Rejected   petition   should   not  be   acted    on  at   succeeding 

communication 498,  499 

Ballot  cannot  be  had  before  committee  reports 508 

When  consent  of  another  lodge  to  be  had  on  petition  for 469 

Rejected    petitioner    cannot   demand    admission,    or    that 

charges  be  preferred  against  him 535 

Petition  for  cannot  be  withdrawn 549 

Petitioner  need  not  live  in   jurisdiction  455 

On,  By-laws  must   be  signed 184 

AGENT. 

Failing  to  account  for  money  collected  for  Masonic  widow 

should  be  tried 195 


INDEX.  3 

Air-Line.  section 

Governs  jurisdiction  of   lodges 219,  375 

Aliens. 

Resident  may  petition  for  degrees 410 

Amendments  to  By-laws. 

Must  be  approved  by  Grand  Lodge 231 

Ancient  Landmarks. — See  Landmarks. 

Answer. 

Accused  has  right  to  file  and  verify.. 234 

Appeal. 

None  to  lodge,  only  to  Grand  Lodge 60 

From  lodge  to  Grand  Lodge 209 

None  from  Grand  Lodge  action 443 

Cannot    be  denied 274 

Status  of  suspended  Mason   during 64 

Convicted  brother  no  privileges  pending 442 

Pending,  convicted  Mason  no  right  to  visit 437,  438 

None  from  verdict  of  not  guilty... 268,  282,  388,  420 

Filed  in  thirty  days 311 

Grounds  stated  in  writing 220 

Grounds  must  be  stated 311 

Grand  Lodge  may  restore  on 266 

Grand  Lodge  may  modify   punishment 277 

Remedy  by,  Master  cannot  grant  new  trial 252 

Must  be  passed  on  by  Grand  Lodge 315 

Sustained  reinstates  brother 315 

Grounds  of  not  sustained 235 

Reversed    for    technicalities    certified    to    lodge   for   new 

trial 95 

What  transcript  must  show 227,  228,  229,  230,  272,  371 

Accused  offered  to  file  answer,  held  error  not  to  allow 234 

Approval  of  Minutes. 

Before  lodge  closes 370,  479 

Apron. 

Fellow  Craft  wears  flap  down 585 

Master  Mason  wears  corner  up 585 

Arm. 

Loss  of,  ineligible  to  petition  for  degrees 289,  561 

Army. 

Service  in,  does  not  lose  Masonic  residence 539 

Army  Lodges. 

Regiments  for  the  war  may  form 116 

Not  established  outside  of  State  (reversed) 118,  120 

Established  outside  of  State 125 

Can  not  confer  degrees  on  any  but  voters  in  State  elections 125 


4  INDEX. 

Arrkars  of  Dues.  section 

Must  be  paid  before  restoration 385,  390 

Arrest  of  Charter. 

Does  not  affect  Masonic  standing  of  members 313 

Articles  of   Union  Between  Grand  Lodges  of  York  and  Lon- 
don. 

Forbid   innovations 28 

Assessment. 

Lodge  cannot  levy 528 

Masonic  charity  not  unconstitutional 431 

Assistance. 

Non-affiliate  not  entitled  to 117 

ATHEIST. 

Cannot  be  a  Mason 432 

ATTENDANCE. 

Lodge  cannot  punish  for  failure  to  attend 23 

Ayes  and  Noes. 

Not  voted  in  lodges 61 

Ballot. 

Candidate  must  have  resided  twelve  months  before 416 

Single  blackball  rejects 40 

Favorable  vote  of  every  member  present  necessary  to  elect 

is  upon  petition  for  the  degrees 547 

Cannot  be  had  until  one  month  from  the  presentation 544 

Committee  must  report  before 508 

Majority  vote  only  necessary  to  give  consent  of  rejecting 

lodge 425 

Unanimous  necessary  to  waive  jurisdiction 453 

Cannot  be  questioned 168,  305,  415,  435,  551 

Not  provided  for  on  initiation 488 

May  be  had  on  passing  and  raising 44,  167,  415,  484,  487,  488,  583 

For  initiating  and  raising  cannot  be  had  same  meeting 49 

Unmasonic  to  disclose  secrecy  of 176 

Second    cannot  be    had    after   Master    declares   candidate 

elected. 548 

Cannot  be  reconsidered 338 

Had  on  unfavorable  report 257 

Second  to  ascertain  no  mistake 40,  260,  500,  503 

Second  cannot  be  had  after  meeting  closed 448 

Officer  cannot  state  how  many  blackballs 501 

Cannot  be  renewed  until  twelve  months  elapses 446 

Taken  on  charges  and  specifications 276 

Unanimous  to    restore  Mason 197,  303 

Unnecessary  to  restore  when   definite  suspension  runs  out  81 

Cannot  be  ordered  by  Deputy  Custodian 179 


INDEX.  5 

Balloting.  section 

Cannot  be  had  in  E.  A.  degree 370 

Brother  cannot  be  restrained  from 327 

Balls. 

Not  to  be  given  in  lodge  rooms 296 

Not  permitted  in  halls 185 

Belief  In  God. 

Taught  by  Masonry 432 

Necessary 357 

Benevolent  Purposes. 

Lodge  may  tax  members  for 307 

Bible. 

Scriptural  readings  may  be  chanted 358 

Blackball. 

For  non-age  cannot  be  inquired  into 502 

Officer  cannot  state  how  many 501 

Profanity  or  drunkenness  sufficient  for.. 198 

Single  one  rejects 40 

Bow  Legs. 

Do  not  render  ineligible 580 

Burial. 

Mock   Masonic  not  encouraged 308 

Business. 

Seven  members  necessary  to  transact 530 

General  should  be  transacted  at  Regular  Communications....  472 

Transacted  in   Master  Mason's  lodge 42 

By-laws. 

Grand  Lodge  govern  when  lodges  conflict  with 544 

Must  conform  to  Grand  Lodge  law 71 

Cannot  repeal  those  of  Grand  Lodge..... _T 251 

Grand  Lodge  may  authorize  lodge  to  change  its 46 

Must  be  approved  by  Grand  Lodge 231 

Must  be  approved  by  Committee  on  Jurisprudence... 147,  465 

Re-enacting  Grand  Lodge   laws  and    re-iterating  Masonic 

law  is  criticised 142 

Cannot  impose  fine  for  non-attendance 241 

Cannot  exclude  brother,  must  be  tried 462 

Candidate  upon  being  raised,  must  sign 160 

Failure  to  sign  makes  non-affiliate 409 

What  done  for  refusal  to  sign 525 

May  not  be  signed  by  proxy 184 

Lodge  electing  candidates  must  be  signed 582 

Prescribe  time  for  Regular  Communications 526 

Regulate  hour  of  regular  meeting 452 

Must  provide  for  notice  before  depriving  of  rights 174 


()  INDEX. 

SECTION 

Petitions  for  degrees  must  lie  over  one  month  251 

Cannot  make  every  meeting  an  election 133 

Cannot  provide  for  elections  to  fill  vacancies 89 

May  require  Treasurer  to  give  bond 424 

Cam,  Off. 

Lodges  should  not  in  opening  in  lower  degrees 51 

Lodges  call  from  labor  to  refreshment,  or  close 48 

Candidate. 

Ballot  may  be  had  on  passing  and  raising 488,  583 

Must  sign  By-laws  of  lodge  electing 512,  582 

Objection  to  made  in  open  lodge 568 

May    wait     forty    years    between     E.    A.    and    remaining 

degrees 555 

Examined  when  labor  dispensed  with 531 

Received,  obligated  and  raised  singly 521,  567 

Rejected   for    advancement    may    apply    any    time  there- 
after   520 

Lapse  of  time  does  not  forfeit  right  to  advancement 515 

May  present  for  advancement  at  any  time 484,  487 

Must  make  due  proficiency 475 

Advancement  may  be  objected  to 335 

Degrees  given  man  not  speaking  English  language 210 

Deputy  Custodian  cannot  order  ballot 179 

Unfavorable  ballot  cannot  be  questioned 168 

Ballot  can  be  had  on  any  degree 167 

E.  A.  losing  right  arm  cannot  be  passed 150 

Due  proficiency  must  be  shown  before  advancement 149 

Must  have  fixed  residence 139 

What  is  due  proficiency 92 

Petitions  for  degrees  of  Masonry,  not  one  degree 50 

Cannot    be     balloted   for   initiating  and  raising   at   same 

meeting 49 

Ballot  may  be  had  in  passing  and  raising 45 

Objection     cannot    be   had    for  conduct    prior  to   time  of 

taking  degree,  to  prevent   further  advancement 45 

Elected  to  the  degrees  of  Masonry 583,  49 

Must  petition  nearest  lodge... 3 

Lodges  to  notify  other  lodges  of  rejections 3 

Loss  of  eyes,  does  not  disqualify 554 

Names  should  not  be  printed  on  notices  of  meetings 542 

Only  two  ballots  on  petitions  for  degrees 500,  503 

Lawful  age 482 

White  swelling  not  disqualification 473 

Cannot  read  or  write    eligible 454 

Unanimous  vote  necessary  to  give   jurisdiction   to   another 

lodge  453 


INDEX.  7 

SECTION' 

Loss  of  leg  ineligible 451 

Stiff  knee  disqualifies  when 451 

Lodge   ascertaining  no    jurisdiction,  should    get    written 

consent  from  lodge  having 450 

When  may  petition  either  of  two  lodges 43Ta 

Maimed  not  received 119,  121,  289 

Rejected  can  petition  again  in  twelve  months 260 

Loss  of  arm  or  leg  disqualifies 180 

Elected  to  degrees  of  Masonry 167 

Unable  to  write  name  may  make  mark 151 

Of  army  lodge  must  be  entitled  to  vote  in  State  elections 125 

Lodge  must  consider  residence  of  applicant 109 

Physical  qualifications 119,  121 

Card  Playing. 

Not  permitted   in  halls 185 

Ceremonies. 

Candidate  be  able  to  conform  to 394 

CerneauiSm. 

Masonic  offense  to  join 457,  458 

Establishes  Grand  Lodge  in  Ohio 457,  458 

Interdicted 457,  458 

Not  recognized 199,  204 

Invasion  of  Louisiana  denounced 74 

Clandestine 59,  74,  199,  204,  457,  458 

Certificates. 

Grand  Lodge  to  furnish 34 

Furnished  widow  when 54 

In  lieu  of  dimit 297 

Charter  of  Grand  Lodge. 

Printed  in  Proceedings 155 

Chapter. 

Suspension  by  does  not  affect  lodge  standing 64,  164 

Charges. 

Cannot  be  preferred  for  retailing  whiskey 566 

Necessary  to  suspend  a  restored  Mason 543 

Should   be   preferred   against  Master  suspended  by  Grand 

Master 538 

Rejected    non-affiliate   cannot   demand    admission  or  that 

charges  be  preferred 535 

With  specifications  must  be  served  on  accused 527 

Cannot  be  preferred  against  Master 505 

Not  sustained  by  evidence  case  should  be  dismissed 492 

Against  Master  ordered  expunged  from  record 470 

Necessary  to  suspend 460 

19 


«  INDEX. 

SECTION 

Must  be  specified 439 

May   be    preferred    against  non-affiliate   for  offenses  prior 

to  bis  diinission 434 

Copy  furnished  accused 422 

No  appeal  from  acquittal 420 

Cannot  be  tried  at  same  meeting  as  presented  404 

Against    Master,  bow  brought 388 

Time  given  to  file 382 

Should  be  in  writing 382 

Should  beclearly  set  forth 380 

Preferred — No  trial  when 367 

Disobeying  legal  summons 349 

Prevent  dimit  issuing 332 

When  preferred  must  be  followed  up 309 

Preferred  against  accuser  does  not  stop 309 

When  non-affiliate  may  prefer 292,  293 

Majority    vote    convicts 265 

Need  not  be  preferred  for  brother  stopping  initiate 250 

Must  show  on  transcript 228 

When  preferred  against  visitors 224 

Secretary  notifies  accused 21 1 

Must  be  served  when  address  known 190 

Charity. 

Assessments  for  not  unconstitutional 431 

Charter. 

Price  of 10 

Present  when  lodge  opens 563 

Arrested,  Masonic  standing  of  members  unaffected 313 

Restored  to  defunct  lodge  restores  all  members 468,  541 

New  charter  does  not  exclude  old  members 182 

Cheating. 

What  is  not .■ 171 

Civil  Suit. 

Not  Unmasonic  conduct 570 

Evidence  in,  not  competent  in  Masonic  trial 301 

Claims  for  Masonic  Help. 

Widow  remarrying  forfeits 477 

Clandestine. 

May  petition  for  degrees 5S1 

Cernean  lodges  are 458 

Grand  Orient  of  France 376 

Recognition  of  cuts  off  intercourse  with  this  Grand  I^odge  199 

Such    Masons   not  recognized 199,  204 

Negro  lodges  are 128 


SECTION 

All  who  recognize  more  than  one  Grand  Body  in  State 59 

Phillips  Grand  Lodge  of  New  York 57 

Close. 

Lodges  do  not  adjourn,  but 48 

Collection. 

None  for  Orphan  Asylum  need  not  be  reported 383 

Masonry  not  a  collection  agency 352 

COMMANDERY. 

Suspension  by  does  not  affect  Masonic  standing 64 

Commission. 

For  one  year ...... 178 

Committee. 

Must  report  before  ballot  can  be  had 508 

Cannot  investigate  case  in  which  Master  is  defendant 505 

When  evidence  may  be  taken  by 464 

Need  not  report  when  nothing  has  been  accomplished 383 

Lodge  may  withdraw  matter  from 361 

Cannot  try 85,  272 

Appointed  by  Master,  lodge  need  not  approve 134 

How  appointed 68 

Grand  Lodge,  how  appointed 68 

To  examine  G.  Secretary's  books 30,  41 

Committee  on  Foreign  Correspondence. 

Bxpenses   defrayed 96 

Committee  on  Jurisprudence. 

Approve  lodge  By-laws 147,  465 

Communications. 

Cannot  act  on  petitions  for  degrees  at  Special 99 

Minutes  of  need  not  be  signed  by  Master.. ?■. 166 

One  lodge  to  another  under  seal  of  lodge 161 

Concurrent  Jurisdiction. 

Lodges  may  arrange  for 587 

Extended  in  certain  cases  near  State  line 467 

Between  this  and  Grand  Lodge  of  Virginia 478 

Lodges  U.  D.  and  chartered  lodges 249,  403 

Conferring  of  Degrees. 

Not  more  than  five  candidates  at  same  communication 521,  567 

Lodge  must  first  be  opened  on  Master  Mason's  degree 481,  496 

By  request,  no  charge  for 258 

Consent. 

Not  needed  to  entertain  petition  of  rejected  non-affiliate....  557 

On  rejected  petitioner  for  degrees  means  majority  consent..  511 

Had  before  applying  to  second  lodge 425 

Majority  vote  not  unanimous. 42,5 


IO  INDEX. 

Controversy  Ovkr  Dog.  section 

Lodge  should  not  examine  into   ownership  in  such  case 406 

Conviction. 

By  civil  courts  does  not  carry  same   into  lodge 301 

Majority  vote  necessary  for 265 

Costa  Rica. 

Grand  Lodge  recognized 590 

Cornerstone. 

Laid  in  open  lodge 495 

Council. 

Suspension  by  does  not  affect  lodge  standing 64 

Counsel. 

Employment  of  to  prevent  issuing  of  license  to  Mason  to 

retail  ardent  spirits  is  not  Unmasonic 94 

Need  not  be  a  member 389 

Accused   having,  lodge  may  also  have 381 

May  be  profane 319 

County  Charge. 

Allowing  mother  to  become 392 

Courts. 

Lodge  should  not  interfere  in  suits  in 398 

Criminal  Law. 

Wilful  violation  is  Masonic  offense 433 

Cuba. 

Grand  Lodge  recognized 590 

Custodians. 

To  recommend  all   lecturers 584 

To  preserve  the  work 584 

Cipher  Work. 

Forbidden 170 

Daughter  of  a  Mason. 

Conviction   for   illicit   intercourse    with,    follows    expelled 

Mason  wherever  he  goes 490 

Of  expelled  Mason  no  claim  for  Masonic  help 173 

Deacon. 

Cannot  dimit 412 

Deafness. 

Total    disqualifies   petitioner 559 

Death  of  Master. 

Senior  Warden  succeeds S9 

Debt. 

Masonry  cannot  be  used  to  collect 352 

Not  subject  of  Masonic  inquiry 319 

Decision  of  Lodge. 

May  be  reversed  by  Grand   Lodge 397 


INDEX.  It 

Declaration  of  Known  Master  Mason.  section 

Lawful  information 163 

Defense. 

Accused  may  employ  counsel 38t 

Defunct  Lodge. 

Property  forfeited  to  Grand  Lodge.. 400 

Masonic  offense  for  Mason  not  to  deliver  up  property   to 

Grand  Lodge 106 

Secretary  no  authority  to  act  for 378 

Material  belongs  to  nearest  lodge 378 

Members  may  join  other  lodges 486 

Members  are  non-affiliate 486 

Dues  to,  remitted  only  by  Grand  Lodge-.. 336 

Member  may  get  certificate  in  lieu  of  dimit 314 

Members  of  not  entitled  to   visit 471 

Merging  with  another  lodge  its  petitioners  become  property 

of  such  lodge 506 

Charter  restored  restores  all  members  to  good  standing 486,  541 

Restoration  of  Mason  to  rights 348 

Petitioner  for  degrees  not  received 395 

Degrees. 

Grand  Lecturers  to  lecture  upon 13 

Stevenson  work  adopted 19 

Ancient  Masonry  consists  of  only  three  degrees 28 

Royal  Arch  Chapters  are  legally  constituted  Masonic  bodies  28 
Master  Mason's  lodge  must  first  be  opened,   and  then  de- 
gree lodge  opened 42 

Conferred  by  request,  no  charge  for 258 

Conferred  in  another  lodge  by  request  of  unanimous    vote..  515 
Conferred  by  request  candidate  signs  By-laws  of  lodge  mak- 
ing request 160 

Petition  for,  only  two  ballots  on 500,  503 

More  than  one  cannot  be  conferred  unless  due  proficiency 

shown 136 

May  be  given  to  not  exceeding  five  at  same   communica- 
tion   521,  567 

May  be  given  man  not  speaking  English  language 210 

Petitioner  for,  must  present  himself  in  six  months 592 

Loss  of  leg  disqualifies 548a 

Delegate. 

Must   appoint  proxy  in  writing 242 

Delivery. 

Of  dimit  immaterial,  effective  from  lodge  action 407 

Denial  of  Supreme  Being. 

By  Grand  Orient  of  France 376 


12  INDEX, 

Depositions.  section 

Notice  of  taking  given    accused 174,  244,  272 

Deputy  Custodian. 

Cannot  order  ballot 179 

Desertion. 

From  army  not  a  Masonic  offense 126 

DlMIT. 

Form  of  conditional 594 

For  purpose  of  joining  another  lodge 594 

Master  and  Wardens  cannot 294 

Deacon    cannot 412 

Can  issue  only  to  Master  Mason,  not  to  Entered  Apprentice  463 

Demandable  when 273 

Brother  entitled  to  when 364 

Matter  of  right  when 540 

Should  have  seal  affixed 331 

Not  granted  if  charges  pending 332 

Not  granted  when  notice  given  of  charges 382 

Not  entitled  to 143 

Demandable,  even  if  intention  to  join  no  other  lodge 540 

Return  to  lodge  granting  does  not  restore  to  membership  ...  552 

Not  entitled  unless  acquitted  of  charges 143 

Issue  of,  does  not  prevent  trial  for  offenses  occurring  prior 

to  issue  of 434 

Member  may  vote  on  own 322 

Ballot  on  cannot  be  disclosed 176 

Severs  connection  with  Fraternity 291 

Takes  effect  from  lodges  acting  on   same 407,  507,  533 

Delivery  of  immaterial 407 

Non-affiliate  not  required  to  present  in  any  given  time 517 

Member  of  defunct  lodge  may  get  certificate  in  lieu 314 

Grand  Secretary  may  issue  for  defunct  lodge 56 

Mason  joining  Roman  Catholic  Church  should  be  permitted 

to  withdraw 278 

Must  accompany  petition  for  lodge  U.  D 208 

To  be  produced  by  each  affiliating  member 43 

Must  accompany  petition  for  affiliation 123 

Dimitted  Mason. 

Four  years  a  non-resident  cannot  be  tried  by  lodge 405 

Non-affiliate  pending  action  upon  petition  for  affiliation 356 

May  apply  anywhere  for  membership 259 

Must  sign  By-laws  on  affiliation 184 

Diploma. 

Price  of , ' 12 

Dismemberment. 

Lodge  may  for  non-payment  of  dues 80,  25b 


INDEX.  13 

SECTION 

Failing  to  answer  notice,  admits  justness  of  action. 413 

Cannot  have  Masonic  burial 387,  399 

Charges  may  be  preferred  against  during 390 

Payment  in  full   reinstates 562 

How  restored 248 

Entitled  to  restoration 385,  390 

Disobeying  Legal  Summons. 

Failing  to  answer  summons  of  Grand  Master 107 

Suspension 262 

May  punish  for 263 

Masonic  offense... 202,  278,  320,  413 

Individual  not  a  joint  offense 237 

Properly  expelled 312 

Conviction  for 350 

Charges    for 349 

When  brother  may  be  restored 536 

Dispensation  to  Form  Dodge. 

May  issue  to  troops  for  the  war 116 

Forming   lodge   under,    severs   membership   in    chartered 

lodge — 232 

Does  not  transfer  membership  of  petitioners 183 

Dispensation. 

What  is -- 67 

Prerogative  of  Grand  Master 399,  402 

Grand  Master  may  grant 247 

Price  of 10 

What  is  abroad 509 

Granted  returning  money  to  applicant  changing  mind 510 

Grand  Master  may  fix  jurisdiction  by 375 

Asked  for  only  by  Master  of  lodge 284 

Cannot  issue  to  permit  work  with  less  than  seven 419 

Cannot  issue  to  set  aside  will  of  Grand  Dodge 399 

Cannot  issue  authorizing  anything  forbidden  by  Code 443 

Cannot  issue  to  set  aside  law  of  Grand  Dodge 459 

Cannot  issue  to  vote  on  sojourner 440 

Cannot  issue  to  receive  petition  of  sojourner 445 

Cannot  issue  to  initiate  person   who  has  lost  right  thumb 

and  part  of  two  fingers 429 

Refused  to  allow  Masonic  burial  to  dismembered  Mason 399 

May  issue  to  bury  non-affiliated  Mason 417,  418 

Refused  to  allow   ballot  before   twelve    months   residence 

acquired 39q 

Not  granted  when  candidate  has  lived   less   than  twelve 

months  in  jurisdiction 416,  511 


14  INDEX. 

SECTION 

Shortening  time,  allowed    when 489 

Refused  where  lodge  in  whose  jurisdiction  candidate  lived 

has  not  waived  jurisdiction 336 

Refused  allowing  re-ballot  on  petition  within  twelve  months  399,  446 
Refused  allowing  petition  to  be  acted  on  at  special  meeting  447 

Refused  permitting  second  ballot  after    meeting  closed  448 

Refused  allowing  officer  to  resign 449 

Necessary  to  elect  officers  at  other  than  regular  date. 157,  368 

Refused  where  Master  has  not  served  as  Warden 317,  444 

Refused  to  allow  election  of  new  Secretary 426 

Refused  to  allow  lodge  to  receive  petition  of  minister  with- 
out fee 399 

Deputy  Custodian  cannot  issue _  179 

Distressed  Widow. 

Failure  to  turn  over  money  collected  for,  a  Masonic  offense  352 

District  Deputies. 

Duties  of 589 

Dog. 

Controversy  over  ownership  is  not  subject  of  trial 406 

Dormant  Lodges. — See  Defunct  Lodge. 

Drunkenness. 

High  Masonic  crime 172,  226,  238 

Sufficient  for  blackball 198 

Charges  should  be  preferred  for 462 

Single  act,  reprimand 351,  371,  421 

Dues. 

Dodge  may  dismember  for  non-payment 80,  152,  256 

Non-payment  of,  must  comply  with  By-laws 248 

Cannot  punish  for  failure  to  pa}' 23 

Dodge  cannot  suspend  for 558 

Cannot  expel  for 188 

Cannot  be  had  out  of  lunatic 408 

Non-affiliate  not  chargeable  with 271 

Minister  of  Gospel  cannot  be  remitted  by  lodge 159 

Lodge  may  remit  for  cause 189 

To  defunct  lodge  remitted  by  Grand  Lodge  only 339 

Dismemberment  for  non-payment  of  dues  reinstated  by  pay- 
ment in  full 562 

Due  Form. 

In  lodges  U.  D.,  a  Grand  Officer  present 141 

Due  Proficiency. 

What  is 92,  475 

Made  in  open  lodge..... 136 

Must  make  before  advancement 149,  441 


INDEX.  15 

SECTION 

Passed  upon  by  Master,  not  by  vote  of  lodge 531 

Duplicate  Charter. 

Creates  no  new  lodge 182 

Elections. 

Lodge  By-law  for  must  conform  to  Grand  Lodge  law 133 

Held  only  on  date  prescribed  in  By-laws 71,  79,  157 

Grand  Master  may  give  dispensation  for  other  date 71,  157,  36S 

Must  be  as  Grand  Lodge  prescribes 362 

Dispensation  refused  where  Secretary  had  removed 426 

Embezzlement  of  Funds. 

Of  another  secret  order  is  subject  of  expulsion 571 

Emblems. 

Improper  to  use  in  advertisements 108 

Emergency. 

About  to  travel  is  not  case  of 302 

Employing  Counsel. 

To  defeat  application  to  retail  ardent  spirits  is  not  Masonic 

offense 94 

Entered  Apprentice. 

Master  Masons'  lodge  must  first  be  opened 42,  481,  496 

Cannot  dimit 463 

Lapse  of  time  does  not  forfeit  right  to  degrees 515 

Lapse  of  forty  years  does  not  forfeit  right  to  advancement....  555 
Fees  not  forfeited,  if  delays  longer  than  six  months  before 

advancement 484,  487 

Petition  for  solely,  not  to  be  received 50 

Balloting  for  is  improper 370 

Ballot  cannot  be  had  conferring 488 

Ballot  may  be  demanded  on  passing ._ 44 

Can  be  kept  from  passing  for  improper  conduct 45 

May  be  stopped  by  ballot 167,  250 

Losing  right  arm  cannot  be  passed 150 

Cannot  demand  lodge  investigate  prior  conduct,   but  may 

demand  committee  outside 45 

Cannot  take  F.   C.  and  M.   M.    degrees   in  another   lodge 

except  with  unanimous  consent  of  lodge  electing 515 

Of  defunct  lodge 395 

Of  defunct  lodge  gets  degrees  from  nearest  lodge 378 

Evidence. 

Not  supporting  charges,  Grand  Lodge  may  reverse 23 

When  Committee  may  take 464 

Not  sustaining  charges,  case  should  be  dismissed 492 

Transcript  omitting,  remanded 229 

Reported  with  suspensions  and  expulsions 156 

20 


1 6 


SECTION 

Record  of  conviction  in  courts  is               414 

Notes  of  evidence  from  courts  not  admissable 414 

Testimony  taken  in  civil  courts  not  comj>etent 301 

Affidavits  taken  without  notice  should  be  excluded  545 

Examination  of  Candidates. 

Labor  dispensed  with  for 531 

Exclusion  From  Membership. 

For  failure  to  pay  dues 152 

Must  be  after  notice 174 

Makes  non-affiliated    Mason 181 

Kx-Parte  Proceedings. 

Lodge  should  not  try  on 279 

Address  unknown    lodge  may  proceed _ 190 

Expelled  Mason. 

Grand  Lodge  ma}'  restore 366 

Sentence  follows  wherever  he  goes 490 

Children  of  lose  rights  with  father 173 

Restored  by  unanimous  vote  of  lodge 154,  197 

Petition  lies  over  one  month 514 

Petition  for  restoration  cannot  be  withdrawn 365 

Rejected,  for  restoration  cannot  apply  for  twelve  months....  534 
Removing  from  jurisdiction,  must  petition  lodge  for  resto- 
ration that  acted  in  matter 569 

When  evidence  not  competent 359 

Expenses. 

Directors  of  Orphan  Asylum  paid  attending  Grand  Lodge..  546 

Committee  on  Foreign  Correspondence 96 

Grand  Master 93 

Expressions. 

Unmasonic  in  minutes,  criticised 132 

Exposure. 

Threat  to  make,  of  secrets  of  Freemasonry  is  offense 91 

Expulsion. 

Only  for  gross  misdemeanor,  or  for  heinous  and  disgraceful 

crime 23 

Reported  to  Grand  Lodge 26 

Cannot  be  for  failure  to  attend  meeting 22, 

Cannot  be  for  failure  to  pay  dues 23.  1S8 

Cannot  be  had  until  specifications  established 276 

From  Commandery  does  not  affect  Masonic  standing 77 

Transcript  must  show  two-thirds  vote 236 

Disobeying  summons  of  Grand  Master 107 

Embezzlement  of  funds  of  another  order  is  grounds  for 571 

Falsely  charging  theft  and  bribery  sufficient 264 

Difficulty  between  two  brethren   and   one  expelled — other 


INDEX.  1? 

SECTION 

may  be  tried 187  , 

Changed  to  suspension , 262 

Extinct  Lodges. 

Grand  Secretary  may  issue  dimits  for 56 

Property  forfeited  to  Grand  Lodge 24 

Extorting  Money. 

Is  Unmasonic  conduct 373 

Eye. 

Loss  of  does  not  disqualify  petitioner 554 

Failure  to  Pay  Over. 

Money  collected  for  distressed  Master  Mason's  Widow  is 

Masonic   offense 352 

Failure  to  Pay  Debt. 

No  Masonic  offense . 299 

False  Charge. 

Of  adulterating  liquor  is  Unmasonic  conduct 373 

Family. 

Abandoning,    Masonic    offense - 422 

Fee  for  Degrees. 

Cannot  be  below  minimum  of  Grand  Lodge ..  269 

Dispensation  to  return  when   510 

Appropriating  to  own  use,  Masonic  offense 354 

Lodges  may  establish  any  ratio  not  less  than  minimum 14 

Amount  optional  with  lodges 269 

May  be  apportioned  to  several  degrees 14,  269 

Cannot  be  remitted... 386,  483 

Cannot  be  remitted  for  ministers 153 

Must  be  accounted  for  when  jurisdiction  invaded 196 

Should  be  paid  by  one  lodge  to  another 144 

When  forfeited  to  nearest  lodge 63 

Fellow  Craft. 

Wears  apron  with  flap  down 585 

E.  A.  can  be  stopped 250 

E.  A.  losing  right  arm  can  not  be  passed 150 

Ballot  may  be  demanded  on  raising 44 

Master's  lodge  must  first   be  opened 42,  481,  496 

Felony. 

Conviction  for,  forfeits  right  to  Masonic  burial 523 

Guilt  may  be  shown  by  record  of  court's  conviction 414 

Fingers. 

Loss  of  all  on  right  hand  renders  ineligible 577 

Loss  of  three  and  thumb  on  right  hand  renders  ineligible  ...  575 

Fire. 

Records  destroyed  by 297 


INDEX. 


Foreign  Correspondence. 

Committee  to  report  at  succeeding  Grand  Lodge  meetings..  18 

Foreigner. 

May  petition  for  degrees 410 

Forgery. 

Charge  not  sustained 266 

France. 

Grand  Orient  of,  interdicted 357 

Fraternal  Relations. 

Severed  between    so-called   Scottish    Masons  of  Louisiana 

and  this  Grand  Lodge 199,  204 

Funerals. 

Masons  to  appear  in  badges  peculiar  to  their  Masonic  rank  2 

Proper  mourning  for 267 

Royal  Arch  Masons  present  noted  as  Masons 213 

God. 

Belief  in  necessary 357,  432 

Government  of  Lodges. 

By-laws  must  yield  to  Grand  Lodge  By-laws  when  conflict..  544 

Grand  Lecturer. 

Commissioned  for  one  year 178 

To  examine  lodge  records 137 

To  visit  and  instruct  lodges 32 

To  visit  lodges 17 

Appointed  by  Grand  Master 17 

To  attend  Grand  Lodge  and  lecture  on  degrees 13 

Established 9 

Grand  Lodge. 

Jurisdiction  of 379,  467 

May  divide  jurisdiction  as  it  sees  fit 249 

Determines  jurisdiction  of  lodges 109 

Allotment  of  territory 249 

Will  approve  arbitrary   line   fixed   between  two  lodges  by 

agreement 205 

Non-affiliate  cannot  sit   in 347 

Can  alone  try  Master  while  in  office 4 

May  suspend  Master  pending  charges 115 

May  expel  Master  fled  from  State  to  parts  unknown 37 

Masonic  offense  for  Mason  not  to  deliver  property  of  defunct 

lodge  to 106 

May  try  and  expel  for  disobeying  Grand  Master's  summons  107 

Authority  of  several  recognized 73 

Each  is  exclusive  in  its  territory 57 

Sole  jurisdiction  in  State  where  located 63 


INDEX.  19 

SECTION 

Expenses  of  Grand  Master  borne  by... 93 

Grand  Representative  system  established 29,  104 

District   Deputies 589 

Historian  appointed  by  Grand  Master 593 

Masonic  Temple  Committee,  proxy  of 573 

Lays  cornerstone  in   open  lodge 495 

Officers  elected  second  night 20 

To  furnish  certificates 34 

Discontinuance  of  use  of  refreshments 22 

Directors  of  Orphan  Asylum  paid  expenses  attending  meet- 
ings   546 

Permanent  resolutions  to  be  printed  with  Proceedings 25 

Recognizes  expulsions  by  lodges  in  other  States :  490 

By-laws  govern  when  conflict  with  those  of  local  lodge 544 

No  appeal  from..... 443 

Ma3T  review  finding  of  constituent  lodge. 372 

May  reverse  lodge  judgment 233 

May  change  sentence  imposed  by  lodge 391 

May  modify  decision  of  lodge 397 

May  restore  suspended  Mason 588 

Reversing  sentence,  reinstates  brother 315 

Restoration  after  suspension  confers  membership 78 

Grounds  of  appeal  to  be  stated  in  writing 220 

May  expel  for  conduct  since  suspension 280 

Property  of  defunct  lodges  go  to 400 

May  remit  dues  owing  to  defunct  lodges 339 

Not  liable  for  St.  John's  College  debts . 206 

Masons  at  sight  not  recognized . 201 

Grand  Master  cannot  set  aside  laws 459 

Jurisdiction  over  North  Carolina  troops  wherever  serving..,  125 

Must  act  on  all  suspensions  or  expulsions 158,  162 

Grand  Master  asked  to  set  aside  time  for  work  exemplifica- 
tion   53 

Furniture,  etc.,  to  be  cared  for  by  Grand   Tiler 21 

Committees,  how  appointed 68 

Proxy  to  must  be  appointed  in  writing 242 

May  authorize  less  than  two-thirds  to  change  By-laws 46 

Cipher  work  forbidden 170 

Grand  Lodge  (Foreign)  . 

Canada's  dispute  with  England 98 

Cuba  recognized 590 

Costa  Rica  recognized 590 

England's  union  with  that  of  York 28 

Hamburg,  edict  of  non-intercourse   with 58,  82 


20  INDEX. 

SECTION 

Louisiana,  authority  recognized  in  that  State 74 

Louisiana  supreme  in  that  State 59 

New  York,  invasion  by  that  of  Hamburg    denounced 82 

St.  John's  Grand  Lodge  recognized 57 

Phillips  Grand  Lodge  interdicted 57 

Queensland  recognized 591 

Virginia  concurrent  jurisdiction • 467,  478 

York  union  with  England 28 

Grand  Orient  of  France  interdicted 199,  204,  357,  376 

Grand  Master. 

Lay  abstracts  of  communications  before  Grand  Lodge 1,  27 

Power  as  to  dispensations 247 

Bound  by  Grand  Lodge  and  Masonic  laws 440 

Dispensation  is  prerogative  of 399,  402 

Dispensation  cannot  issue  for  anything  forbidden  by  Code  443 

Cannot  set  aside  Grand  Lodge  laws 459 

May  grant  dispensation  to  ballot  party  going  abroad 509 

Dispensation  to  bury  non-affiliate 417,  418 

Appoints  district  deputies 589 

Appoints  Historian 593 

Appoints  Grand  Representatives 104 

Appoints  Grand  Lecturer 17 

Decide  any  conflicting  resolutions  of  Grand  Lodge 25 

Expenses  paid  by  Grand  Lodge 93 

Declined  to  warrant  army  lodges  outside  of  State 118,  120 

May  issue  dispensation  for  election 71 

May  suspend  Master 538 

Investigate  charges  against  Master  in  office 5 

May  direct  lodge  to  try  charges  against  Master 6 

May  summons  Masons  for  refusing  to  deliver  up  property 

of  Grand  Lodge  to  hjm 107 

Commissions  appointees  for  one  year 178 

Corresponds  with  lodge  through  Secretary  under  seal 112 

May  issue  dispensation  for  lodge  to  elect  officers 157 

Cannot  make  Masons  at  sight 66,  127,  201 

Grand  Officers. 

Elected  second  night  of  Annual  Communication 20 

Grand  Representatives. 

Resolution  authorizing 104 

Established ■. 29 

Grand  Secretary. 

Lay  all  communications  before  Grand  Master 1,  27 

Fees  of - n,  12 

To  keep  list  of  transient  brethren 33 


SECTION 

Books  to  be  examined  by  committee... 41 

May  issue  dimits  for  dormant  lodges 56 

To  obtain  portraits  of  Grand  Masters 138 

Grand  Stewards. 

To  discontinue  refreshments 22 

Grand  Treasurer. 

To  obtain  (with  G.  Sec'y)  portraits  of  Grand  Masters 138 

To  report  moneys  on  hand 16 

Grand  Tiler. 

To  care  for  furniture  of  Grand  Lodge 21 

Hair  Lip. 

Double,  renders  ineligible  to  degrees 576 

Halls. 

Dancing  and  card  playing  not  allowed 185 

Hand. 

Loss  of  right  hand,  ineligible 560 

Hearing. 

Doss  of  sense  of,  renders  ineligible 289 

Hearsay  Evidence. 

Not  admissable 352,  545 

Historian. 

Appointed  by  Grand   Master 593 

Holy  Scriptures. 

Belief  in  authenticity  necessary 36 

Illegal. 

Election  of  officers  at  other  than  Grand  Lodge  directs 362 

Illegal  Intercourse. 

Conviction    for,  with   Mason's   daughter   follows   expelled 

Mason : 490 

Illicit  Distilling. 

Unmasonic   conduct 328 

Illiterate  Man. 

Eligible  to  degrees 454 

Inadmissible. 

Hearsay  testimony  is  on  trials _ 352 

Indefinite  Suspension. 

Mason  under  may  be  tried  and  expelled ,  384 

Insane. — See  Lunatic. 
Installation. 

Must  be  at  time  Grand  Lodge  prescribes 362 

Any  Past  Master  may  install 343 

By  proxy  when.... 346,  430 

By  proxy,  must  have  assent  of  absent  officer 364 

Void  when  by  proxy  without  consent 430 


22  INDEX. 

SECTION 

Re-elected  officers  must  be  installed 342 

Installed  Officer. 

Cannot  resign 191,  449 

Intoxicating  Liquors. 

Employing    counsel   to   defeat   application   to  sell    is    not 

Masonic  offense 94 

Intoxicating  Drinks. 

No  law  forbidding  Mason  from  manufacturing  or  selling....  485 

Intoxication. — See  Drunkenness. 

JEWEE. 

Master's  must  be  worn  by  presiding  brotber 341 

Joint  use  of  Hales. 

Not  favored 296 

Junior  Warden. 

Succeeds  to  Senior  Warden's  station 89 

May  callW.M.  pro  tern,  to  preside 146 

Jurisprudence. 

Correspondence  on,  to  come  tbrougb  Secretary  under  seal 

of  lodge 112 

Jurisprudence  Committee. 

Approve  lodge  By-laws  465 

Jurisdiction — Grand  Dodge. 

What  is 63 

Asserted 148 

Only  one  body  over  same  territory  in  United  States 57 

Determined  by  State  lines 379 

Authority  of  several  Grand  Lodges  recognized 73 

Petitioners  outside  of  State  not  admitted 345 

Concurrent  given  other  Grand  Lodges  when 467 

Grand  Master  declined  to  warrant  army  lodges  outside  of 

State 118,  120 

Over  State  troops  wherever  they  be 125 

Jurisdiction. — Constituent  Lodge. 

Perpetual  holds  in  this  State 564 

Lodge  acquiring  over  rejected  candidate  holds 255 

Not  acquired  over  non-affiliate  by  rejection 491 

Fixed  by  Grand  Lodge 109 

Each  Lodge  allotted  by  Grand  Lodge 249 

When  exclusive 63 

Adjoining  lodges  may  agree  on  arbitrary  line,  Grand  Lodge 

will  approve 205 

Lodges  may  arrange  for  concurrent 587 

Lodges  when  concurrent 63 

Lodge  has  penal  as  well  as  territorial 97,  253,  4S0,  586 


INDEX.  23 

SECTION 

Penal  corresponds  with  territorial 468 

Lodge  may  try  resident  Masons  not  members 35 

Twelve  months  residence  necessary 217,  416 

Residing  six  months  annually  in  each  of  two  lodges,  may 

petition  either 43Ia 

Non-affiliate,  twelve  months  residence  unnecessary 519 

Petitioner  for  affiliation  may  apply  anywhere ..*.. ..  455,  357 

Air  line  governs 219,  375 

When  no  jurisdiction,  petition  may  be  withdrawn 165 

Unanimous  vote  required  to  give  another  lodge  over  peti- 
tioner   453 

Waived  by  majority  of  lodge 511,  513,  516 

Lodge  without,  must  obtain  consent  in  writing 450 

Lodge  may  receive  petition  from  resident  foreigner 410 

Lodge  has  over  soldier  absent  in  the  army 122 

Masonic  residence  same  as  civil 539 

Expelled  Mason  must  petition  lodge  expelling  for  restora- 
tion   569 

One  lodge  cannot  invade  that  of  another 144 

When  invaded  must  account  for  fees 196 

Adjoining  towns 298 

E-  A.  of  defunct  lodge,  assent   of   Grand    Master  of  that 

State  must  be  had 3g5 

Lodge  U.  D.  is  concurrent  with  nearest  chartered  lodge 403 

Lodge  U.  D.  must  not  invade  sister  lodge's 461 

Lodges  U.  D.  have  no  territorial 249 

Knee. 

Loss  of  leg  below  renders  ineligible 3g3 

Stiff  knee  renders  ineligible 394 

Unable  to  bend  left,  renders    ineligible 579 

Landmarks. 

Must  not  be  infringed 119,  121 

Language. 

Abusive  should  not  be  used 353 

Lapse  ok  Time. 

Does  not  debar  E.  A.  from  remaining  degrees 515,  555 

Lawful  Age. 

Twenty-one  years  is 482 

Petitioner  must  be  of 565 

Lawful  Information. 

What  is 163 

Lay  on  Table. 

Proper  motion  in  Masonic  lodge 295 

Laving  of  Cornerstone. 

In  open  lodge 495 

21 


24  INDEX. 

Lecturers.  section 

To  examine  applicants  for  license  to  lecture 584 

Recommended  by  the  Custodians 5.S4 

LEFT  Hand. — See  Physical  Qualification. 

Leg. 

Loss  of,  renders  ineligible 289,  393,  574 

Legal  Notice. 

What  fs 203 

Master's  summons  is 216 

Seal  of  lodge  and  signature  of  Secretary  affixed 334 

Library. 

Grand  Secretary  to  accumulate 13 

Lie  Over. 

Petitions  for  degrees  must  for  one  month 489 

Liquor  Selling. 

Unmasonic  conduct 261 

Lodges  Under  Dispensation. 

Powers   of 67 

Grand  Master  appoints  Master  and  Wardens 67 

Can  make  Masons 67 

Can  exercise  only  power  named  in  warrant 67 

Cannot  affiliate  members 124,  131,  249 

Not  entitled  to  representation  in  Grand  Lodge 67 

Property  belongs  to  Grand  Lodge 67 

Do  not  open  or  close  in  due  form 141 

Cannot  hold  public   celebrations 67 

Dispensation  may  issue  to  regiments  for  the  war 116 

Petition  for  must  be  accompanied  by  (limits 208 

Members  may  continue  members  of  chartered  lodge 183 

Is  lodge  in  meaning  of  dual  membership  which  is  forbidden  207 

Cannot  try  or  discipline  Masons 249 

Officer  may  be  officer  of  chartered  lodge 1S6 

Members  of  lose  membership  in  chartered  lodge 232 

Cannot  enact  Bydaws 249 

Has  no  concurrent  jurisdiction  with  chartered  lodge 403 

Has  no  territorial  jurisdiction 249 

Must  not  use  material  of  another  lodge 461 

Master  of  chartered  lodge  cannot  be  Master 411 

Lodge  Funds. 

Brother  tried  for  conversion  to  own  use 354 

Lodge  Rooms. 

Not  to  be  used  for   balls,  parties,  etc 296 

Joint  use  not  favored 296 

Lodges  of  Sorrow. 

Not  mock  Masonic  burials 215 


INDEX.  25 

Lodge.  section 

May  receive  petition  from  man  who  cannot  read  or  write. ...  454 

May  receive  petition  from  pensioner  sixty-one  years  old 518 

May  receive  petition  from  clandestine  Mason  for  degrees....  581 

May  receive  petition  of  bow-legged  man 580 

Cannot  levy  assessment 528 

Cannot  try  for  bringing  civil  suit,  not  having  first  submit- 
ted to   lodge 570 

Cannot  grant  dimit  to  Entered  Apprentice 463 

Cannot  receive  petition  from  man  lost  left  hand 493,  494,  497 

Cannot  receive  petition  from  person  who  lost  either  foot 494,  497 

Cannot  receive,  obligate  or  raise  but  one  candidate  at  time..  521,  567 
Cannot  entertain  petition  of  candidate  rejected  in  another 

jurisdiction  without  consent 564 

Cannot  ballot  on  petition  before  committee  reports 50S 

Cannot  receive  petition  from  one  totally  deaf 559 

Cannot  receive  petition  from  one  who  has  lost  arm 561 

Cannot  receive  petition  from  one  who  has  double  hair-lip..  576 
Cannot  receive  petition  from  one  who  has  lost  three  fingers 

and  part  of  thumb  on  right  hand 575 

Cannot  receive  petition  from  one  who  has  lost  right  hand...  560 

Cannot  receive  petition  from  one  under  age 565 

Cannot  receive  petition  from  one  who  has  lost  all  fingers  on 

right   hand 577 

Cannot  receive  petition  from  one  crippled  with  white  swell- 
ing and  getting  worse 578 

Cannot  receive  petition  from  one  who  has  lost  leg 574 

Cannot  receive  petition  from  person  who  has  lost  right  leg 

below  knee 529 

Cannot  receive  petition  of  one  who  cannot  bend  left  knee...  579 

Penal  jurisdiction  of 468 

Has  penal  and  territorial  jurisdiction 253,  480,  586 

May  receive  application  for  restoration  as  often  as  rejected..  532 
Rejected    petition    for   restoration  cannot   be    renewed    for 

twelve  months 534 

Rejecting  non-affiliate  has  no  jurisdiction  over 491 

Any  other  lodge  may  be  petitioned  by  rejected  non-affiliate  550 

Petition  for  affiliation  cannot  be  withdrawn 549 

Mason  refusing  to  sign  By-laws 525 

Every  member  present  must  vote 547 

Member  present  failing  to  vote  does  not  invalidate  ballot....  548 

Unfavorable  ballot  cannot  be  questioned 551 

Non-affiliate  may  apply  when  and  where 519 

Charter  must  be  present 563 

In  adjacent  municipalities  may  arrange  jurisdiction 587 


2()  INDEX. 


SECTION 

Dimit  issued  for  joining  another  lodge 594 

Majority  vote  of  those  present  necessary  to  elect  officers 474 

Non-affiliate  only  restored  hy  ballot  after  issuing  of  dimit.. .  552 

Ballot  may  be  demanded  on  passing  and  raising 583 

Cannot  appoint  Committee  to  investigate  charges  again  si 

Master 505 

Master  must  preside  at  trial 504 

Open  when  cornerstone  is  laid 495 

Cannot  criticise  member  blackballing  for  non-age 502 

Grand  Lodge  may  suspend 538 

Cannot  hold  regular  meetings  at  other  times  than   By-laws 

prescribe , 452,  526 

Cannot  open  for  business  with  six  members  and  one  visitor  530 

Must  be  opened  on  third  degree 481,  531,  496 

Past  Masters  made  in  Chapters  not  recognized  as  such 476 

Shall  not  recognize  Cerneauism,  or  its  members 458 

Rejected  candidate  for  advancement  may  apply   any   time 

thereafter 520 

Rejected  non-affiliate  cannot  demand  admission,    or    that 

charges  be  preferred  against  him 535 

Only  two  ballots  on  petition  for  degrees 500,  503 

Hearsay  testimony  not  received  on  trials 545 

Bound  by  irregular  election  of  member 49S,  499 

Dispensation  issued  to  refund  fees  to  petitioner  who  objected 

to  person  receiving  degrees 510 

Candidate  signs  By-laws  of  lodge  electing  him 512 

Cannot  try  Master 470 

Officer  cannot  resign 449 

Minutes  to  be  approved  before  lodge  closes 479 

Material  of  one  not  to  be  used  by  another 461 

By-laws  approved  by  Jurisprudence  Committee 465 

Expelling  must  be  petitioned  for  restoration 569 

Objection  filed  stops  advancement  of  candidate 456 

Objection  to  advancement  should  be  made  in  open 56S 

Accepting  property  of  another  takes  its  unfinished  material  506 
Cannot  suspend  for  non-payment  of  dues,  (it  can  dismember)  558 
Nearest  does  not  have  territorial  jurisdiction  over  non-affili- 
ate    557 

Removal  to  another  part  of  same  town  by  majority  vote 522 

Rejecting    non-affiliate   must  give  consent  to  joining   any 

other  lodge  unless  removes  from  jurisdiction 469 

When  cannot  refuse  dimit 540 

Should  not  print  names  to  be  balloted  on  in  notice  of   meet- 
ings   542 


INDEX.  27 

SECTION 

Must  permit  accused  to  be  heard  in  defense 545 

Cannot  rescind  act  restoring  suspended  Mason  543 

Petition  for  degrees  must  lie  over  one  month,  even  if  meet- 
ing weekly 251,  544 

Unanimous  vote  necessary  to  waive  jurisdiction  over  can- 
didate    453 

Unanimous   vote  necessary  to   ask    sister   lodge    to   confer 

degrees  on  candidate 515 

Summoned  to  vote  on  petition  of  expelled  Mason  for  resto- 
ration   514 

Dimitted  Mason  affiliated  by  ballot  only 533 

Dimit  effective  from  granting 507,  533 

Can  only  suspend  on  charges 460 

Non-affiliate  no  right  to  visit 427 

When  Senior  Warden  cannot  call  Special  Communication..  428 

Decides  what  is  charity 431 

Pending  appeal  accused  has  no  right  to  visit 437,  438 

Pending  appeal  convicted  brother  has   no  Masonic  privi- 
leges   442 

Consent  of  rejecting  lodge,  how  obtained 425 

May  pass  By-law  requiring  Treasurer  to  give  bond 424 

Must  try  on  specifications 422 

Dispensation  will  not  issue  to  permit  work  with  less  than 

seven   members 419 

Consent   of   had,    when  petitioner  has  not  resided   twelve 

months _ 416 

Master  of  cannot  be  appointed  Master  of  lodge    U.  D 411 

Lunatic  not  liable  for  dues 408 

Lunatic  cannot  enter ,.-. 408 

Dimit  effective  from  action  of 407 

No  jurisdiction  to  try  dimitted  brother  four  years  a  non- 
resident   405 

Jurisdiction  with  chartered  is  concurrent  for    lodge  U.  D 403 

Irregular  to  try  at  meeting  when  charges  are  presented 404 

Should  not  try  for  refusal  to  pay  for  a  still 401 

Membership  falling  below  seven  forfeits  charter 400 

Should  not  attempt  to  control  suits  at  law 39S 

Decision  may  be  modified  by  Grand  Lodge 397 

Member  allowing  mother  to  become  county  charge 392 

Cannot  bury  a  Mason  excluded  for  non-payment  of  dues 3S7 

Should  allow  time  to  file  charges 382 

Accuser,  with  consent  of,  may  employ  counsel 3S1 

Material  of  defunc^  belongs  to  nearest 378 

Cannot  receive  petition  of  sojourner 377 


2<S  INDEX. 


SECTION 

Members  forbidden  to  visit  French  lodges 376 

May  try  and  expel  for  murder 374 

Jurisdiction  air  line 219,  375 

Should  approve  minutes  before  closing 370 

Must  elect  officers  at  time  fixed  by  Grand  L,odge 36S 

Need  not  try  when 367 

May  restore  expelled  Mason 366 

When  petition  may  be  withdrawn 365 

Must  be  duly  constituted 362 

May  withdraw  matter  from  Committee 361 

May  direct  use  of  lodge  seal 360 

Cannot  receive  petition  from  non-resident 345 

Master  may  call  anyone  to  preside  over 344 

Re-elected  officers  must  be  installed 342 

Electing    rejected    material   must    secure    assent   of    lodge 

rejecting 337 

Cannot  receive  petition   from  resident  of   another   lodge's 

jurisdiction 336 

What  is  legal  notice 334 

Dimit  not  granted  when  charges  pending 332 

Attach  seal  to  dimit 331 

Members  must  be  allowed  to  vote 327 

All  present  must  vote 325 

Majority  vote  governs 32; 

Master  must  decide  points  of  order 323 

Member  may  speak 323 

All  members  entitled  to  vote 322 

Motion  cannot  be  withdrawn  without  consent  of  lodge 321 

May  be  summoned  by  Master  for  a  trial 318 

Members  notified  of  trial,  not  summoned 318 

Master  must  have  served  as  Warden 317 

When  Past  Master  may  open 316 

Charter  arrested,  Masonic  standing  of  members  not  affected  313 

May  expel  for  disobeying  legal  summons 312 

Appeal  from,  must  state  grounds 311 

Opened  on  third  degree  for  trial 310 

May  levy  tax  contribution  to  benevolent  object.. 307 

Jurisdiction  in  adjoining  towns 298 

When  non-affiliate  may  prefer  charges 292,  293 

Names  of  non-affiliates  not  to  be  published 28S 

Suspended  Mason  present  sufficient  reason  for  not  opening 

lodge 286 

Suspended  Mason  cannot  visit 286 

May  ask  for  dispensation 2S4 

Cannot  receive  petition  of  maimed  candidate 281 


INDEX.  29 

SECTION 

Must  take  ballot  on  specifications  on  trial 276 

Must  vote  on  specifications 276 

Cannot  try  by  Committee 274 

To  issue  dimitwhen  requested 273 

Master  must  serve  as  Warden  to  be  eligible 270 

May  fix  fees  for  degrees 269 

No  appeal  from  verdict  of  acquittal 268,  282 

Majority  vote  convicts  in  trials 265 

May  punish  for  false  accusations 264 

May  punish  for  disobeying  legal  summons 263 

May  suspend  for  disobeying  legal  summons 262 

Conferring  degrees  by  request,  no  charge 258 

Rejecting  petition,  must  give  assent  on  subsequent   peti- 
tion to  another  lodge 255 

Non-payment  of  dues 248 

Master  must  have  served  as  Warden 247 

Cannot  fine  members  for  non-attendance 241 

Suspended  member  restored  by  unanimous  vote 240 

Two-thirds  may  reinstate 239,  240 

Joint  charge  for  individual  offense  is  error 237 

Not  to  be  named  for  living  persons 236 

Cannot  refuse  accused  right  to  file  answer  and  verify  it 234 

Judgment  of  on  trial  may  be  reversed  by  Grand  Lodge 233 

May  adopt  such  By-laws  as  desired 231 

Transcript  must  show  requisite  number  present 227 

Mason  has  no  inherent  right  to  visit 225 

When  charges  may  be  preferred  against  visitor 224 

Visitor  objected  to,  Master  can  inquire  reasons 223 

Admission  of  visitor  may  be  objected  to :'. 222 

Visitor  must  take  Tiler's  oath 218 

Twelve  month's  residence  necessary  to  give  jurisdiction 217 

Removal  of 212 

May  confer  degrees  on  man  not  speaking  English 210 

Agreeing  with  another  as  to  jurisdiction 205 

Before  trial  must  prefer  and  serve  charges 200 

Petitioner  rejected,  must  wait  twelve  months 193 

May  consent  to  withdrawal  of  petition  for  affiliation 192 

Installed  officer  cannot  resign 191 

May  remit  dues  for  cause 189 

Cannot  expel  for  non-payment  of  dues 188 

May  try  one  brother  to  difficulty  after  expulsion  of  other...  187 

Officer  may  also  be   officer  of   lodge  U.  D 186 

By-laws  may  not  be  signed  by  proxy 184 

New  charter  does  not  cut  off  old  members 182 


30  '  INDEX. 

SECTION 

Communication  from  another,  when  legal 177 

Officer  may  he  installed  hy  proxy 175 

vSole  judge  of  who  admitted  as   members 1^9 

Does  not  recognize  Chapter  Past  Masters 164 

Seal  should  he  used  on  communications  with  other  lodges....  161 

Raised  candidates  must  sign  By-laws 160 

Cannot  remit  dues  of  ministers  of  the  Gospel 159 

Must  report  suspensions  and  expulsions 158,  162 

Can  elect  officers  only  on  date  By-laws  prescribe 157 

Send  evidence  with  reports  of  suspensions  and  expulsions..  156 

May  restore  expelled  Mason  by  unanimous  vote ^54 

Cannot  suspend  for  failure  to  pay  dues  but  may  dismember  152 

May  receive  petition  from  person  unable  to  write  name 151 

By-laws  must  be  approved  by  Committee  on  Jurisprudence  147 

Master  pro  tern,  maybecalled  to  chair 14ft 

Can  only  be  assembled  in  lawful  manner 145 

Initiating    candidates .  property    of    another     lodge    must 

account  for  fees 144 

May  reftise  to  grant  dimit  when 143 

Should  not  enact  By-laws  reenacting  Grand  Lodge  laws,  etc  142 

Cannot  act  on  petitions  at  same  meeting  when  presented....  140 

Grand  Lecturers  to  examine  records  and  proceedings 137 

Cannot  confer  degrees  unless  proficiency  be  shown 136 

Need  not  approve  Committees  appointed  by  Master 134 

Cannot  have  every  meeting  a  day  of  election 133 

Minutes  should  not  contain  Unmasonic  expressions 132 

Minutes  approved  at  same  meeting  as  when  written 130,  135 

Mason  connot  belong  to  two 123 

May  receive  petitions  of  soldier  absent  in  army 122 

Not  to  receive  maimed  candidates 119,  121 

Every  Mason  ought  to  belong  to  some 117 

Non-affiliate  not  entitled  to  visit 117 

Correspondence  with  Grand  Master  through  Secretary  under 

seal  of 112 

Not  essential  for  Master  to  have  Past  Master's  degree   in 

presiding in 

To  give  notice  of  reinstatements 110 

Cannot  determine  its  jurisdiction 109 

Must  read  and  approve  minutes  before  closes 101 

Cannot  act  on  petition  for  degrees  at  special  meeting 99 

Has  territorial  as  well  as  affiliated  jurisdiction  in  trials 97 

Appeal  reversed   for  technicality,  case   is  certified   for  new 

trial 95 

What  is  due  proficiency 92 


31 


SKCTIOX 

May  tax  non-affiliate  for  visiting S8 

Numbering  of 87 

Cannot  try  while  at  refreshment 86 

Cannot  try  by  committee S5 

Cannot  try  siispended  Mason  for  acts  during  suspension 84 

Cannot  try  for  Unmasonic  conduct  generally 83 

Restoration  by  Grand  Lodge  confers  membership 78 

Expulsion  from  Commandery  does  not  affect  standing  in....  77 

Established  by  Scottish  Rite  are  illegal 75 

Cannot  be  established  by  Scottish  Rite 74 

Cannot  meet  on   Sunday   excepting  funerals  and   cases  of 

charity 72 

Committees,  how  appointed 68 

Suspended  Mason  restored  by  Grand  Lodge  is  not  a  mem- 
ber   64 

Concurrent  jurisdiction 63 

Exclusive  jurisdiction 63 

Cannot  try  Master 62 

Vote  by  show  of  hands  or  ballots 61 

Appeal  from  Master's  decision  lies  only  to  Grand  Lodge 60 

Members  of  Pythagoras  Lodge,  N.  Y.,  cannot  visit 58 

How  removed 55 

Do  not  adjourn  but  closes _ 52 

Dispense  with  labor  in  opening  on  lower  degree 51 

Must   not    receive   candidate's  petition    merely  for   E.    A. 

degree 50 

Cannot  ballot  for  initiating  and  raising  at  same  meeting 49 

Close  or  call  off ,  do  not  adjourn 4S 

Cannot  punish  for  non-attendance _ 47 

By-laws   requiring   two-thirds   present   to   amend   may   be 

amended  by  permission  of  Grand  Lodge 46 

Not  exceeding  three  to  appoint  same  proxy 3S 

May  try  resident  Masons  not  members 35 

To  be  visited  and  instructed  by  Grand  Lecturers 32 

Return  resident  Masons 31 

Cannot  meet  alternately  at  two  separate  places 30a 

Notify  of  suspensions,  expulsions,  etc 26 

Not  entitled   to   representation   in    Grand    Lodge    unless 

returns  made  and  dues  paid 24 

Cannot  punish  for  failure  to  attend  meetings  or  pay  dues....  23 

Discontinuance  of  refreshments  recommended 22 

May  establish  any  ratio  for  fees  for  degrees  not  under  min- 
imum    14 

No  right  to  inflict  corporal  punishment 8a 

22 


32  INDEX. 

SECTION 

Cannot  try  its  Master 4 

Cannot  receive  petition   for  degrees   from  candidate  resid- 
ing nearer  another  lodge 3 

To  notify  other  lodges  of  rejections 3 

Proxy  must  have  written  authority 39 

LOSS  OF  LEG. 

Disqualifies  candidate 289 

Loss  of  Fingers. 

Two  on  right  hand  eligible 524 

Lunatic. 

Member  adjudged,  not  liable  for  dues  pending 408 

Cannot  enter  lodge 408 

Maiung. 

To  last  address  is  legal 334 

Maimed  Candidates. 

Not  received : 281 

When  admitted 65 

Majority. 

Vote  of  members  present  necessary  to  elect  officers 474 

Governs  action  of  lodge 324 

Vote  convicts  on  trials 265 

Making  Masons  at  Sight. 

Not   countenanced 200,  201 

Grand  Master  can  make    (overruled) 66,  127 

Masonic  Assistance. 

Widow  remarrying  forfeits  right  to 477 

Mason. 

Cannot  be  called  to  account  for  vote  given... 435 

Joining  Catholic  Church  should  be  permitted  to  withdraw....  278 

Mourning 267 

Suicide  entitled  to  Masonic  burial 254 

No  inherent  right  to  visit 225 

Chapter  Masons  present  to  be  noted  among  Masons  present  213 

Cannot  belong  to  two  lodges 207 

Masonic  Burials. 

Mock  are  discouraged 562 

Suicide  entitled  to 254,  523 

Convicted  murderer  not  entitled  to 523 

Dispensation  may  issue  for  non-affiliate's  burial  when 417,  418 

Cannot  be  had  when  dismembered  for  non-payment  of  dues  387 

•Non-affiliate  not  entitled  to 117,  246 

Masonic  Charity. 

Remarriage  of  widow  forfeits 304 

Masonic  Haees. 

Dancing  not  allowed i8> 


INDEX.  33 

SECTION 

Balls  not  permitted 185 

Masonic  Intercourse. 

Forbidden  with  Cerneau  Lodges  and  its  members 59 

Masonic  Law. 

Applies  to  all  Masons 459 

Grand  Master  custodian  of 402 

Embraces  written  and  oral 402 

Masonic  Offense. 

Embezzling  funds  of  another  secret  order  is 571 

Wilful  refusal  to  sign  By-laws  is 525 

Conviction  for  follows  person  wherever  he    goes 490 

Conducting  of  business  may  be  when 485 

No  law  prohibiting  Mason  from  engaging  in  manufacture 

or  sale  of  intoxicating  liquor 484 

May  be  tried  by  lodge  in  whose  jurisdiction  occurs 468 

Every  wilful  violation  of  criminal  law  is 433 

Abandoning  family  is 422 

Trial  must  be  on  specifications 422 

Habitual  drunkenness  is 421 

Simple  and  quiet  controversy  over  ownership  of  dog  is  not..  406 

Murder  is 355 

Misappropriation  of  money  is. 354 

Striking  Master  Mason  is 353 

Failure  to  pay  over  money  collected  for  distressed  widow  is  352 

Illicit  distilling  is 328 

Failure  to  pay  debt  is  not 299 

Violations  of  moral  law  are 238 

Profanity 238 

Drunkenness 238 

Individual  should  not  be  charged  as  joint  offense...' 237 

Violation  of  moral  law  is 226 

What  is  not 171 

Profanity  and  drunkenness  are 172 

Failure  to  pay  over  money  collected  for  distressed  widow  is  195 
Difficulty  between  two  brethren — one  expelled — other  may 

be  tried 187 

Desertion  is  not 126 

Mason   not  delivering   up   to   Grand   Lodge    property    of 

defunct  lodge  is  guilty  of 106 

Principal  must  be  tried  before  aider  or  abettor  can  be  tried  105 

Passing  counterfeit  money  is 102 

Employing  counsel  to  defeat  applicants   petition   to   retail 

ardent  spirits  is  not 94 

Threat  to  expose  secrets  of  Freemasonry  is 91 


34  INDEX. 

SECTION 

(living  word  as  a  Master  Mason  and  then  violating  same  is  90 

Masonic  PRIVILEGES. 

Convicted,  has  none  pending  appeal 442 

Daughter  of  expelled  Mason  no  claim  on  Fraternity 173 

Masonic  Right. 

Non-affiliate  none  but  of  petitioning  for  affiliation 290 

Notice  must  he  given 174 

Masonic  Standing. 

Dimit  granted  after  death  does  not  affect 507 

Not  affected  by  arrest  of  charter 313 

Masonic  Temple. 

Committee  on  made  proxy  of  Grand  Lodge 573 

Lodges  requested  to  subscribe  to 572 

Masonry. 

Knows  no  sect  or  creed 278 

Cypher  work  forbidden 170 

Master. 

Cannot  re-open  declaration  of    ballot   electing    petitioner 

because  brother  present  failed  to  vote 548 

Grand  Master  may  suspend 538 

Passes  upon  due  pronciencj' 531 

Committee  of  lodge  cannot  investigate 505 

Must  preside  at  trial 504 

Cannot  be  tried  by  lodge 470 

Must  have  served  as  Warden 444 

Must  call  Special  Communications 428 

Cannot  be  appointed  Master  of   lodge  U.    D 411 

Charges  against,  how  brought 388 

Cannot  have  false  entry  made  on  minutes 369 

May  call  any  one  to  preside 344 

Brother  presiding  must  wear  jewel  of 341 

May  call  any  one  to  preside 340 

Discretionary  power  to  summons 333 

May  summons  orally 330 

Cannot  ignore  motion 326 

May  allow  members  not  voting  to  retire 325 

Decides  points  of  order 323 

Cannot  withdraw  motion  without  consent  of  lodge 321 

May  summons  lodge  for  a  trial 318 

Must  have  served  as  Warden 317 

Cannot  resign  or  dimit 294 

Reinstated  by  failure  of  charges 287 

Suspended  by  Grand  Master  which  Grand  Lodge  does  not 

sustain 2S7 


INDEX.  35 

SECTION 

Must  exclude  suspended  Mason  from  meeting 286 

Can  ask  for  dispensation 284 

Cannot  make  and  break  a  tie  vote 283 

Musi  serve  as  Warden.... 270 

Cannot  grant  new  trial 252 

Must  have  served  as  Warden 247 

May  issue  summons 216 

Notices  of  removal  of  lodge  given  to 212 

Signature  to  minutes  not  necessary 166 

Cannot  allow  petition  to  be  withdrawn , 165 

Master  pro  tern,  may  be  called  to  the  chair 146 

Assembling  and  appointing  officers  of  another  lodge  liable 

to  censure -....  145 

Of  another  lodge  cannot  assemble  and  appoint  officers 145 

Committees  named  by  need  not  be  approved  by  lodge 134 

Grand  Lodge  may  suspend  pending  charges. 115 

Absconding  can  be  tried  at  first  communication  of  Grand 

Lodge - 113 

Need  not  have  Past  Master's  degree in 

Cannot   call  Special  Communication  to   receive   or   act   on 

petition 99 

Vacancy  in  office  Senior  Warden  fills 89 

Death  of,  Senior  Warden  succeeds 71 

Warden  act,  has  authority 69 

Of  lodge  U.  D.,  appointed  by  Grand  Master 67 

How  proceeded  against 62 

Grand  Master  may  suspend 62 

Lodge  cannot  try 62 

No  appeal  to  lodge  from  decision 60 

Fleeing  to  parts  unknown  may  be  expelled  by  Grand  Lodge  37 

Elect  may  be  qualified  and  installed  by  any  Past  Master 28 

Tried  by  lodge  and  convicted  stands  suspended  until  Grand 

Lodge  meets.      (Reversed — -lodge  cannot  try  Master) 7 

Cannot  be  tried  by  his  lodge 4 

Jewel  of  worn  by  presiding  brother „ 341 

Master  Mason. 

Wears  apron  with  corner  up 585 

Rejected   applicant   afterwards   receiving  degrees   abroad, 

not  recognized , 377 

Striking  is  Masonic  offense 353 

Optional  whether  lodge  member  or  not  246 

Right  of  visiting 221 

Must  sign  By-laws t6o 

May  be  tried  by  lodge  in  whose  jurisdiction  resides 97 


36  INDEX. 

SECTION 

Injury  to  by  going  hack  on  word  given  as  .such  is  Masonic 

offense 90 

Master  Mason's  Degree. 

Lodge  must  first  he  opened  on 496 

Business  to  be  transacted  in 42 

Material. 

Belongs  to  nearest  lodge , 249 

Members. 

Seven  make  quorum 530 

Cannot  be  assessed  by  lodge 528 

Lodge  may  try  its  members  though  residing  beyond  lodge's 

jurisdiction 480 

Of  defunct  lodges  not  entitled  to  visit 471 

Cannot  be  restrained  from  voting '  327 

Not  voting  may  be  permitted  to  retire 325 

Majority  of  those  present  govern  lodge's  action 324 

May  speak 323 

Entitled  to  vote 322 

Summoned  on  proposition  to  remove  lodge 212 

May  object  to  admission  of  visitor 222 

Objecting  to  visitor,  Master  can  inquire  into 220 

Meetings. 

Lodge  cannot  hold  alternately  in  separate  places 30a 

Membership. 

When  ceases  conditionally 594 

Non-affiliate  acquires  in  former  lodge  only  by  ballot 553 

Non-affiliate  cannot  regain  merely  by  returning  dimit 552 

Charges  necessary  to  cut  off  a  restored  Mason 543 

Restored  by  restoration  of  charter  of  defunct  lodge 541 

Cannot  be  enforced  compulsorily 540 

Ceases  when  dimit  granted  and  not  at  its  delivery 533 

Irregularly  obtained,  holds 498,  499 

Twelve  months  residence  not  required  of  affiliate 423 

Mason  must  sign  By-laws 409 

Dimit  effective  from  lodge's  action 407 

Falling  below  seven  forfeits  charter 400 

Restoration  to  for  non-payment  of  dues 385,  390 

Lost  by  dimitting 291 

Non-affiliate  may  apply  anywhere  for 259 

Lost  non-payment  of  dues  regained  as  By-laws  provide 248 

Optional  whether  membership  shall  continue 246 

Suspension  does  notdeprive 243 

Unanimous  vote  necessary  to  restore  suspended  Mason  to....  240 

Signing  petition   for  lodge  U.  D.  severs 232 


INDEX.  3  7 

SECTION 

May  be  in  chartered  lodge  and   lodge  U.  D 183 

Dual  forbidden 207 

Restored  at  expiration  of  definite  suspension... 81 

Minutes. 

Should  be  read  and  approved  before  lodge  closes -J       ,g'    3  '  *35 

Unmasonic  expressions  criticised 132 

Form  of  criticised 146 

Master  need  not  sign 166 

Master  cannot  have  false  entry  made  369 

Ministers  of  the  Gospel/ 

Fees  for  degrees  cannot  be  remitted -153,  386,  483 

Dues  cannot  be  remitted 159 

Misappropriation. 

Of  money  Masonic  offense 354 

Mock  Masonic  Burials. 

Discouraged 215,  308,  562 

Month. 

Petition  for  degrees  lies  over  one  month 251,  302,  489,  544 

Moral  Daw. 

Violation  of  Masonic  offense 226,  238,  485 

Mother. 

Mason   cannot    be   tried   for  allowing   mother   to   become 

county  charge 392 

Motion. 

Suspension,  when  can  be  made 214 

Must  be  put  by  Master 326 

Seconded,  cannot  be  withdrawn :_...  321 

To  lay  on  table  allowable 295 

Mourning. 

What  is  proper 267 

Murderer. 

Convicted,  not  entitled  to  Masonic  burial 52^ 

Murder. 

Charge  of 355 

Dodge  may  try  for 374)  4I4 

Music. 

May  be  substituted  for  Scriptural  readings : 358 

Name  of  Dodge. 

Name  of  living  person  not  to  be  given.....'. 236 

Naturalization. 

Unnecessary  to  qualify  for  petitioning 4IO 

Negro  Dodges. 

Clandestine 128,  129 

Spurious 120 


3<S'  INDEX. 

Nkw  Trial.  SECTION 

Ordered  because  of  defects  in  transcript  355 

When  granted 279 

Cannot  be  granted  by  Master 252 

Granted  when  no  vote  on  specifications 270 

Granted  when  transcript  so  very  irregular  and  unintelligible  272 

Non-Akfiliatk. 

No  right  to  visit 117,  427 

May  visit  once  only 117,  194 

Not  entitled  to  Masonic  relief 117,  24b 

Not  entitled  to  Masonic  burial 117,  246 

Dispensation  may  issue  to  bury 417,  418 

Exclusion    makes 181 

Dimitted  Mason  is 273,  356 

Lodge  may  impose  tax  on  visiting 88 

Not  chargeable  with  dues 271 

Only  Masonic  right  is  that  of  petitioning  for  affiliation 273,  290 

Names  not  to  be  published 288 

Not  entitled  to  seat  in  Grand  Lodge 347 

When  may  prefer  charges 292,  293 

May  be  tried  for  offense  occxirring  prior  to  dimitting 434 

May  be  invited  once  to  visit  lodge 427 

Failing  to  sign  By-laws  Mason  becomes 409 

Members  of  defunct  lodges  are 486 

Irregularly  elected  membership  holds 498,  499 

Not  required  to  present  dim  it  in  given  time 517 

Only  affiliated  again  by  ballot 533,  552 

Dimit  must  be  issued  even  if  party  intends  becoming 540 

Restored  by  restoration  of  charter  of  lodge  in   which   mem- 
bership existed 541 

Rejected  cannot  demand  admission  or  that  charges  be  pre- 
ferred against  him 535 

Rejected  in  lodge  granting  him  dimit  is  still  non-affiliate...  553 

Twelve  months  residence  is  not  necessary  in  petitioning  for 

membership 423 

May  apply  anywhere  for  membership 259,  455,  491,  550,  557 

May  present  petition  for  restoration  as  often  as  rejected 532 

Rejected    cannot    petition    another   lodge    unless    removes 

from  jurisdiction 469 

Can  apply  anywhere  any  time 519,  556 

Non-Attendance. 

Cannot  be  punished  by  fine 47,  241 

Non-Payment  ok   Debt. 

No  Masonic  offense 299 


INDEX.  39 

Non-Payment  of  Dues.  section 

Cannot  expel  for... 188 

Cannot  suspend  for 80,  558 

May  dismember 80,  256 

When  dismembered  entitled  to  restoration 385,  390 

Failing  to  answer  is  an  admission  of  propriety  of  dismem- 
berment   413 

Excluded  for,  not  entitled  to  Masonic  burial 387 

Payment  in  full  reinstates 562 

Can  regain  standing  only  by  complying  with  By-laws... 248 

Non-Resident. 

Four  years  dimitted,   and  removed  from  State  cannot  be 

tried 405 

Cannot  petition  for  degrees 345 

Non-Age. 

Sufficient  reason  for  blackball 502 

Ground  for  unfavorable  report 306 

Not  Guii<ty. 

No  appeal  from  verdict  of 268,  282,  420 

On  specifications  cannot  punish : 283 

Notice. 

What  is  legal 203,  334 

When  legal  without  seal  of  lodge 177 

Must  be  given  before  dismemberment  for  non-payment  of 

dues 256 

Given  accused  of  taking  of  depositions 272 

Notice  of  Charges. 

Transcript  must  show  service 227 

Notice  of  Meetings. 

Should  not  print  candidates  names  to  be  balloted  on 542 

Notice  of  Trial. 

May  be  accepted 527 

Notified. 

Members  are,  of  a  trial  and  not  summoned 318 

Number  of  Lodge. 

Blanks  in  not  to  be  filled 87 

Determined  by  charter  date 87 

Obedience. 

Enforced  only  by  reprimand,  suspension  or  expulsion 8a 

Object. 

Brother  may  to  candidate 335 

Objection. 

To  advancement,  reasons  need  not  be  given 568 

Can  be  raised  after  initiation 250 

Filed  to  advancement  of  candidate  stops  all  proceedings 456 

23 


4o 


SECTION 

Considered  withdrawn  where  brother  (limits  456 

Made  in  open  lodge  to  advancement  of  candidate 568 

To  visiting  brother  sitting  in  lodge 222 

Master  can  ask  for  to  visiting  brother 223 

Obligation. — .See  Tiler's  Obligation. 

Given  one  at  a  time 521,  567 

Office. 

Mason  accepting  in  honor  bound  to  fill 466 

Vacancy  in  office,  how  filled 89 

Officer. 

Vacancy  filled  only  at  regular  election 79 

Cannot  be  forced  to  serve 430 

May  be  installed  by  proxy 175,  346,  364,  430 

Installation  by  prox}',  when 346 

Must  be  elected  and  installed 362 

Re-elected,  must  be  installed 342 

Elected  by  a  majority  of  those  present 474 

Installed,  cannot  resign 191 

Of  chartered  lodge  may  also  hold  office  in  lodge  U.  D 186 

Deacon,  being    installed,  cannot  dimit 412 

Any  Past  Master  may  install 343 

In  honor  bound  to  fill  office  he  accepts 466 

No  right  to  tell  number  of  blackballs 501 

Old  age. 

Sixty-one  is    not 518 

Opening. 

Lodge  must  be  opened  on  third  degree 481 

Opinions. 

Does  not  attempt  to  control  religious  or  political  opinions..  8 

Orphan  Asylum. 

Directors  attending  Grand  Lodge  paid  expenses 546 

Committee  need  not  report  no  collection 383 

Other  Orders. 

Embezzling  funds  of,  properly  triable  by  lodge 571 

Parties. 

Not  to  be  given  in  lodge  rooms > 296 

Passing. 

Ballot  may  be  had  on 167,  415 

Past  Master. 

Chapter — not  entitled  to  recognition  as  such  in  lodge 164,  476 

Virtual  and  actual 164 

When  may  preside 71 

When  may  open  lodge 316 

May  install   officers 343 


INDEX.  41 

SECTION 

An}-  may  qualify  and  install  Master-elect 28 

Past  Master's  Degree. 

Not  essential  to  preside  over  lodge ...: in 

Embraced  in  Royal  Arch  Chapter 28 

Cannot  be  conferred  in  Subordinate  Lodge 28 

Past  Grand  Officer. 

Non-affiliate  not  entitled  to  seat  in  Grand  Lodge. 347 

Penal  Jurisdiction. 

Over  resident  Masons  not  members , 253 

Lodge  has,  as  well  as  territorial 480 

Pensioner. 

May  apply  for  degrees : 518 

Petition  for  Affiliation. 

Dimit  must  accompany 123 

Lodges  U.  D.  cannot  receive  124,  131 

Withdrawn  only  by  consent  of  lodge 192 

Cannot  be  withdrawn 549 

Need  not  live  in  jurisdiction 455 

Rejected  cannot  demand  that  charges  be  preferred  against 

him  or  that  he  be  admitted 535 

Status  of  rejected... 259 

May  be  presented  as  often  as  rejected 532 

Rejected  non-affiliate  may  petition  that  or  any  other  lodge..  550 

Petition  for  Degrees. 

For  the  three  degrees  of  Masonry 45,  167 

Cannot  be  withdrawn  after  reference  to  committee 70 

Cannot  be  withdrawn 165,  306,  365 

When  may  be  withdrawn 165 

Lies  over  one  month , 251,  302,  489 

Received  from  party  who  cannot  write  his  name   151 

Ministers  of  the  Gospel  must  pay  fees 153 

Not  received  from  non-resident 345 

Cannot  be  received  from  person  residing  in  another  lodge's 

jurisdiction 336 

May  be  received  from  soldier  absent  in  army 122 

Candidates  must  have  fixed  residence 139 

Twelve  month's  residence  necessary 217 

Cannot  be  acted  on  at  Special  Communication 99,  447 

Wrongfully  acted  on,  lodge  should  pay  fees  to  proper  lodge  144 

Cannot  be  acted  on  at  meeting  when  presented 140 

Unfavorable  report  does  not  stop  action 257 

Single  blackball  rejects 40 

Non-age  grounds  for  adverse  report 306 

Vote  on  cannot  be  questioned 305 


42  INDEX. 

SECTION 

Rejected,  must  get  lodge's  consent 255 

Rejected    petition   cannot  be  acted  upon  until   consent  of 

rejecting  lodge  he  had 255,  337 

Rejected  cannot  he  renewed  in  twelve  months  193,  260 

Petitioner  for  decrees. 

Must  be  of  full  age 565 

Lawful  age 482 

Must  be  twelve  months  a  resident 416,  511,  513,  516 

Must  personally  sign  petition  436 

Man  who  cannot  read  or  write  eligible 454 

Living  nearer  Virginia  line  may  petition  lodge  in  that  State  467 

Virginian  may  petition  North  Carolina  lodge  when 478 

Resident  six  months  in  two  lodges  may  petition  either 431  a 

Petition  lies  over  one  month 544" 

Names  should  not  be  printed  on  notice  of  meeting 542 

Sojourner  cannot  become 377,  440,  445 

Masonic  residence  same  as  civil 539 

Only  two  ballots  can  be  had 500,  503 

Each  member  present  must  vote  to  elect 547 

Two  years  enlistment  in  army  does  not  affect  eligibility 539 

Names  of  rejected  not  to  be  published 76 

Ministers  of  Gospel  must  pay  fees  for 386,  483 

Clandestine  may  become 581 

Maimed  not  received  281 

Not  of  necessity  a  citizen 410 

Elected  and  lodge  becomes  defunct,  can  get  degrees  from 

successor  lodge 395,  506 

Jurisdiction  in  another  lodge,  must  have  unanimous  consent  450,  453 

Must  present  himself  in  six  months 592 

Total  deafness  will  debar. 559 

Unfavorable  ballot  cannot  be  questioned 551 

Dispensation   granted   returning   money,    he   objecting   to 

degrees  being  given  another 510 

Rejected  in  another  lodge's  jurisdiction  must  get  consent  ...  425,  564 

Must  be  able  to  make  signs 363 

Non-age  sufficient  reason  for  blackball 502 

Bowlegs  do  not  render  ineligible ...  580 

White  swelling  does  not  disqualify 473 

Loss  of  one  eye  does  not  disqualify    554 

Loss  of  two  fingers  on  left  hand  eligible 524 

Pensioner,  not  physically  deformed,  sixty-one  years  of  age, 

eligible  518 

Crippled  with  white  swelling  ineligible 578 

Double  hair  lip  ineligible 576 


INDEX.  43 

SECTION 

Loss  of  part  of  shoulder  bone 363 

Loss  of  leg  ineligible 180,  451,  548a,  574 

Loss  of  leg  below  knee  ineligible 393,  529 

Loss  of  arm,  ineligible 180,  561 

Loss  of  either  foot  disqualifies 494,  497 

Loss  of  left  hand  disqualifies 493,  494,  497 

Loss  of  right  thumb,  and  part  of  two  fingers,  ineligible 429 

Loss  of  right  thumb  and  three  fingers  ineligible 575 

Loss  of  all  fingers  on  right  hand,  ineligible 577 

Loss  of  right  hand 560 

Stiff  knee  renders  ineligible 394,  451 

Unable  to  bend  left  knee  ineligible 579 

Petition  for  Lodge  U.  D. 

Dimits  must  accompany 208 

Signers  must  dimit  when  charter  granted....! 183 

Signers  retain  former  affiliation  pending  application 183 

Petition  for  Restoration. 

Rejected,  cannot  be  renewed  for  twelve  months 534 

Lies  over  one  month 514 

Physical  Qualifications. 

Maimed  candidates  not  received 119,  121 

Maimed  candidates,  when  admitted... 65 

Loss  of  one  eye  does  not  disqualify 554 

Bowlegs  do  not  disqualify 580 

What  disqualifies 289 

Total  deafness  debars 559 

Loss  of  part  of  shoulder  bone 353 

Double  hair  lip,  ineligible 576 

White-swelling,  one  leg  shorter,  ineligible 473 

Loss  of  right  arm  ineligible 150 

Loss  of  arm,  ineligible 180,  561 

Loss  of  two  fingers  on  left  hand  eligible 524 

Loss  of  left  hand  ineligible 493,  494,  497 

Loss  of  right  thumb  and  two  fingers  ineligible 429 

Loss  of  right  thumb  and  three  fingers,  ineligible 575 

Loss  of  right  hand  ineligible 560 

Loss  of  all  fingers  ineligible 577 

Crippled  with  white-swelling  and  getting  worse,  ineligible  578 

Loss  of  either  foot  disqualifies 494,  497 

Unable  to  bend  left  knee,   ineligible 579 

Stiff  knee,    ineligible 391,  451 

Loss  of  leg  disqualifies 180,  393,  451,  529,  548a,  574 

Point  of  Order. 

Decided  by  Master ,. r 323 


44  INDEX. 

Political  Offenses.  section 

Desertion  from  armj  is 126 

Cannot  be  tried  in  lodge 126 

Political  Views. 

Masonry  does  not  attempt  to  control 8 

Portraits  ok  Grand  Masters. 

Grand  Secretary  and  Grand  Treasurer  to  obtain 138 

Preferring  Charges. 

How  and  vvben  done 404 

Preside. 

Master  may  call  anyone  to 344 

Presiding  Officer. 

Senior   Warden   cannot  call  communication    if    Master   in 

lodge  jurisdiction 428 

Present. 

All  must  vote 325 

Principles  of  Masonry. 

Cipber  work  forbidden 170 

Proceedings. 

To  contain  cbarter 155 

Permanent  resolves  of  tbe  Grand  Lodge  to  be  printed  with  25 

Procession. 

Non-affiliate  not  entitled  to  join  in 117 

Profane. 

Lodge  called  off  when  testifying. 310 

Evidence  of  received  on  trials 300 

Counsel  maybe 319 

Profanity. 

High  Masonic  Crime 172,  226,  238 

Sufficient  for  blackball 198 

Proficiency. 

Maimed  candidates  must  be  able  to  make 65 

Must  be  shown  in  open  lodge  before  advancement 149 

Master  judge  of 531 

Property. 

Lodge  taking  property  of  defunct  lodge  takes  candidates 506 

Of  defunct  lodge  belongs  to  Grand  Lodge 400 

Prosecutor. 

Master  can  also  preside 504 

Appeal  by,  not  sustained 235 

Pro  tem.  Appointments. 

Need  not  be  installed 426 

Proxy. 

Cannot  act  for  exceeding  three  lodges  in  Grand  Lodge 38 

Must  be  in  writing 39,  242 


INDEX.  45 

SECTION 

Masonic  Temple  Committee  proxy  of  Grand  Lodge 573 

Officer  may  be  installed  by   proxy — -175,  346,  364,  430 

Cannot  sign  petition  for  degrees 436 

Cannot  sign  By-laws.. - 184 

Pythagoras  Lodge  (G.  L.  of  Hamburg,  in  N.  Y.  City). 

Edict  of  non-intercourse 58,  82 

Punishment. 

Corporal  punishment  cannot  be  inflicted 8a 

Fines  cannot  be  imposed  for  non-attendance 47 

Suspension  three  years  upheld 91 

Grand  Lodge  may  reduce 277 

Quorum. 

Seven  members  of  lodge 530 

Queensland. 

Grand  Lodge  of  recognized 591 

Raising. 

One  at  time — - 521,  567 

Ballot  may  be  had  on 167,  415 

Re-Ballot. 

Cannot  be  had  after  close  of  meeting 448 

Cannot  be  had  until  twelve  months  expire 446 

Dispensation  will  not  issue  for  re-ballot  on  rejected  candi- 
date  -  -  399 

Reception  of  Candidate. 

One  at  a  time 521,  567 

Recognition. 

Denied  any  body  whose  jurisdiction  conflicts  or  interferes 

with  that  of  regular  Grand  Lodges 73 

Reconsideration. 

None  of  ballot 338 

Of  second  ballot  can  be  had 503 

Definite  suspension  cannot  be 214 

None  of  acquittal,  cannot  be  reconsidered 114 

Records. 

Destroyed  by  fire 297 

Reference  Committee. 

Lodge  may  withdraw  matter  from 361 

Refreshment. 

Lodge  at,  trial  cannot  be  had 86 

Refreshments. 

Discontinuance  recommended 22 

Regular  Communication. 

Had  only  at  time  prescribed  in  By-laws 452,  526 

General  business  should  be  transacted  at 472 


46  INDEX. 

REJECTED.  SECTION 

For  advancement  candidate  may  apply  any  time  thereafter  520 

REJECTION. 

Profanity  or  drunkenness  sufficient  for iy8 

Of  petition  of  non-affiliate  no  bar  to  applying  another  lodge  491,  532 
Must  get  consent  of  lodge  rejecting  non-affiliate  before  he 
apply  elsewhere,  unless  removes 469 

Reinstatement. 

Payment  of  dues  reinstates 562 

Two-thirds  vote  reinstates  suspended  Mason 239,  240 

Notice  to  be  given 1 10 

Rejected  Petitioner  for  Degrees. 

Cannot  be  recognized  here,  when   receiving  degrees  else- 
where   377 

Consent  of  rejecting  lodge  must  be  had  before  applying  to 

second  lodge 255,  337,  425,  564 

Must  wait  twelve  months  before  repetitioning 193,  260 

Relief. 

Non-affiliate  not  entitled  to 1 17 

RELIGION. 

Belief  in  authenticity  of  Holy  Scriptures 36 

Lodges  no  right  to  connect  Masonry  with 8 

Re-Marriage  of  Mason's  Widow. 

Forfeits  claim  for  Masonic  assistance 304,  477 

Remitting  of  Fees. 

Cannot  be  done  for  ministers  of  the  Gospel 4S3 

Removal  of  Lodge. 

Majority  vote  removes  to  another  part  of  same  town 522 

What  governs 212 

Majority  with  Master's  assent 212 

How   effected — two-thirds 55 

Two-thirds  vote,  Master's  assent  not  nepessary 212 

Removal  From  State. 

Person  resident  in  another  State,   dimitted    Mason,  cannot 
be  tried  by  former  lodge  here 405 

Request. 

No  charge  for  conferring  degrees  by 258 

Rescind. 

Action  restoring  suspended  Mason  cannot  be  rescinded 543 

Residence. 

Not  changed  by  absence  in  army 122 

Twelve  months  necessary 217,  511,  513,  516 

Masonic  is  same  as  civil 539 

Party  claiming  no,  is  sojourner 100 

Ma57  be  under  two  lodges 431a 


INDEX.  47 

SECTION 

Immaterial  in  petition  for  affiliation 423,  455,  519 

Twelve  months  not  required  for  affiliation 423,  455,  519 

Twelve     months    lacking    must    have     consent     of    other 

lodge 511,  513,  516 

When  Virginian  may  petition  North  Carolina  lodge 478 

Mailing  to  last  place  of  is  legal  notice 334 

Report. 

Must  be  had  from  committee  before  ballot  on  petition 508 

Reprimand. 

Single  act  of  drunkenness  calls  for 351,  372,  421 

Resident  Masons. 

May  be  tried  by  nearest  lodge 35 

Returned  by  lodges  but  not  printed 31,  33 

Resign. 

Mason  should  resign  from  any  office  he  cannot  fill 466 

Resignation. 

Officer  cannot 449 

Master  and  Wardens  cannot.. 294 

Resolutions. 

Any  conflicting  permanent  resolutions  to   be   submitted   to 

Grand  Master's  decision 25 

Permanent  to  be  printed  with  Proceedings 25 

Restoration. 

Grand  Todge  may  restore 266,  366 

By  Grand  Lodge  confers  membership  in  lodge 78 

May  be  to  lodge  or  to  good  standing  only 588 

Complete  when  definite  suspension  expires 81 

Petition  for  cannot  be  withdrawn 365,  514 

From  member  of  defunct  lodge -.. 348 

Charter  restored  restores  members  to  good  standing 486,  541 

Cannot  afterwards  be  rescinded 543 

Non-payment  of  dues 248,  385,  390 

Must  be  to  lodge  acting  in  matter,  even  if  removed  from  its 

jurisdiction 569 

Petition  lies  over  one  month 514 

Mason  seeking  may  apply  as  often  as  desires 532 

Rejected  cannot  be  renewed  for  twelve  months 534 

Unanimous  vote  of  lodge  necessary 154,  197,  303 

Returns. 

What  to  contain 26 

Made  by  lodges 24 

Printed  with  Proceedings 26 

Failure  to  make  and  pay  dues  for  two  years  forfeits  charter  24 

24 


4^  INDEX. 

Return  ok  Registered  Letter.  section 

No  evidence  of  receipt  of  summons,  for  which  disol>edience 

he  was  expelled 536 

reversal  of  Judgment. 

Grand  Lodge  may  reverse 372 

Right  Leg. 

Loss  of  four  inches  below  knee  ineligible 529 

Rights  of  Masonry. 

Grand  Lodge  may  restore  to   366 

Rights  and  Benefits  of. 

Majority  vote  restores  suspended  Mason  to 243 

Roman  Catholic  Church. 

Mason  joining  should  be  permitted  to  dimit ..  278 

Royal  Arch  Chapter. 

Legally  constituted  Masonic  bodies 28 

Past  Master  of  (virtual)  not  recognized  as  such  in  lodge 164,  476 

Members  at  funerals  noted  as  Masons  present 213 

St.  John's  College. 

Resolution... 206 

Scriptures. 

Selections  may  be  chanted  instead  of  read 358 

Scottish  Rite. 

No  power  to  establish  Symbolic  Lodges  in  Louisiana 74 

No  power  to  organize  lodges 59 

Who  claim  power  to  organize  Symbolic  Lodges  in   United 

States  are  clandestine 59 

Seal  of  Lodge. 

Affixed  to  correspondence   with  Grand  Master 112 

Secretary  uses  by  order  of  Master 360 

Affixed  to  letter  to  sister  lodge 161 

When  need  not  be  attached 177 

Must  be  attached  to  make  legal 203 

Attached  to  notice 203 

Attached  to  summons 330 

Attached  to  dimit 331 

Seat  in  Grand  Lodge. 

Non-affiliate  not  entitled  to 347 

Second  Ballot. 

Cannot  be  reconsidered. 503 

Secrecy  of  Ballot. 

Must  be  maintained 435 

Unmasonic  to  disclose 176 

Cannot  be  questioned 168 

Secretary. 

Directed  by  Master  in  affixing  seal 360 


INDEX.  49 

SECTION 

Should  affix  seal  to  letter  to  other  lodges 161 

No  right  to  issue  summons  except  hy  order  of  Master 285 

Notifies  accused  of  charges 211 

Should  issue  summons 330 

No  right  to  drop  from  roll 408 

Removing,  office  is  filled  pro  tern 426 

Notes  Royal  Arch  Masons  at  lodge  meeting  as   Masons 213 

Secrets  of  Freemasonry. 

Threat  to  expose  is  Masonic  offense 91 

Sect  or  Creed. 

Unknown  to  Masonry 278 

Seeing. 

Loss  of  sense  of ,  disqualifies 289 

Senior  Warden. 

Succeeds  to  Master's  office S9 

No  right  to  call  Special  Communication,  Master  in  jurisdic- 
tion  - 428 

Sentence. 

Reduced - - 277 

May  be  changed  by  Grand  Lodge 391 

Service  of  Charges. 

Must  be  made  when  address  known.. 190 

May  be  accepted 527 

Seven. 

Members  a  quorum 530 

Lodge  must  have  seven  members 400 

Shoulder  Bone. 

Loss  of  part  does  not  disqualify  petitioner 363 

Signing  Name  to  Petition. 

Cannot  be  by  proxy 436 

May  be  by  mark 151 

Signing  By-Laws. 

Must  be  done  when  raised -.160,  512,  525 

Cannot  be  by  proxy 184 

Not  needed  when  excluded  person  is  restored  to  membership  409 

Must  sign  those  of  lodge  electing 582 

Failure  to  makes  non-affiliate 409 

Sitting  in  Lodge  Room. 

Is  lawful  information 163 

Six  Months. 

Petitioner  for  degrees  must  present  himself  in  592 

Slander. 

Of  brother  Mason  is  Unmasonic  conduct  275 


50  INDEX. 

Sojourner.  section 

Cannot  petition  for  degrees 377,  440,  445 

Soldier  in  army  is  not 122 

Resident  of  another  jurisdiction  is 100 

Party  claiming  no  residence  is 100 

Soldier. 

Is  not  a  sojourner 122 

Speak. 

Any  member  may 323 

Special  Communication. 

For  degree  work  must  be  opened  on  Master  Mason's  degree  481,  496 
Cannot  be  called  by  Senior  Warden,  Master  in  jurisdiction  42S 

Petition  for  degrees  cannot  be  acted  on  at 447 

Spurious  Masons. 

Lodges  warned  against  129 

Not  recognized 199,  204 

Negro  lodges  are 128 

Specifications. 

Must  show  in  transcript 228,  244,  245 

Must  be  voted  on 276 

Vote  on  failing,  cannot  sentence 283 

Standing. 

Charter  of  lodge  arrested 313 

St  ate  Line. 

Determines  jurisdiction  of  Grand  Lodge 379 

Stevenson  Work. 

Custodian  to  preserve 584 

Still. 

Refusal  to  pay  for  is  not  Unmasonic  conduct 401 

Striking  Master  Mason. 

Not  in  self  defense  is  Masonic  offense 353 

Suicide. 

Entitled  to  Masonic  burial 254,  523 

Suits  at  Law. 

Not  Unmasonic  conduct 329,  39S 

Summons. 

Disobedience  of,  a  grave  misdemeanor 202 

Wilful  disobedience  should  be  punished 263,  320,  413 

Disobedience  of 312,  350 

Illegal— charges  not  specified 439 

Need  not  issue  for  members  to  attend  a  trial,  they  are  noti- 
fied    318 

Secretary  no  right  to  issue  but  by  order  of  Master 285 

By  Master  may  be  orally 330 

Master  may  issue 216 


INDEX.  51 

SECTION 

Master  has  discretionary  poweT  as  to  issuing 333 

Disobeying,  must  prove  summons  was  received 536 

Summoned. 

Lodge  to  vote  on  petition  of  expelled  Mason  for  restoration  514 

Sundays. 

Lodges  meet  for  funerals  and  cases  of  charity  alone 72 

Supreme  Being. 

Denial  of  by  Grand  Orient  of  France  interdicted 376 

Suspended  Mason. 

Status   during   appeal 64 

Restored  by  Grand  Lodge  is  non-affiliate  Mason 64 

Restored  by  Grand  Lodge  does  not  confer  membership  in...  64 

No  right  to  visit 286 

Restoration  by  Grand  Lodge 588 

When  reinstated  notices  should  be  given no 

Unanimous  ballot  necessary... 303 

Afterwards  restored,  action  cannot  be  rescinded... 543 

Suspension  of  Master. 

By  Grand  Master 53S 

Charges  failing  is  reinstated : 287 

Not  sustained  restores  to  rights 287 

Suspension. 

Not  complete  without  sentence  approved  by  Grand  Lodge..  315 

If  affirmed  by  Grand  Lodge 64 

If  reversed  by  Grand  Lodge 64 

To  be  reported 26 

Onty  after  trial 462 

Charges  necessary  for  lodge  action 460 

Holds  until  Grand  Lodge  meets 64 

By  Chapter,  Council  of  Commandery  does  not  affect  Lodge 

membership 64 

Grand  Lodge  may  make  it  expulsion 391 

For  conduct  since,  Grand  Lodge  may  expel 280 

When  definite  time  expires  party  is  restored 81 

Indefinite  made  definite 277 

Mason  under  may  be  tried  and  expelled  384 

Does  not  deprive  of  membership 243 

Majority  vote  restores  as  a  Mason 243 

Two-thirds  may  reinstate 239,  240 

Unanimous  vote  necessary  to  restore  to  membership 240 

Can  only  be  reconsidered  when 214 

Cannot  be  for  non-payment  of  dues 80,  558 

And  expulsions  must  be  reported  to  Grand  Lodge 158,  162 

Evidence  to  be  reported  to  Grand  Lodge 156 

Cannot  be  inflicted  for  failure  to  pay  dues 152 


52  INDEX. 

Tax.  section 

For  contribution  for  benevolent  objects  allowed 307 

Teachings  of  Masonry. 

In  accord  with  law  of  God 432 

Territorial  Jurisdiction. 

Lodge  has 253 

Right  of  receiving  petitions 403 

Testimony. 

Hearsay  not  admissible  352 

Expelled  Mason,  when  admitted 359 

Affidavits  excluded  wben  on  trial 545 

Third  Degree. 

Lodge  must  be  opened  on 531 

Labor  dispensed  witb  to  examine  candidates 531 

Thumb. 

Loss  of  and  tbree  fingers  of  right  hand  ineligible 575 

Tie  Vote. 

Master  cannot  make  and  break 283 

Tiler's  Oath. 

Wben  visitor  must  take 218 

"Not  a  Cerneau"  inserted 458 

Transcript. 

What  must  show 227,  228,  229,  230,  272,  371 

Must  show  specifications 244,  245 

Must  show  notice  to  accused 244,  245 

Must  show  copy  of  charges  were  furnished  accused 422 

When  remanded... 228,  229 

New  trial  ordered  because   defective 355 

Travel. 

About  to  is  not  case  of  emergency 302 

"Abroad  " 509 

Trial. 

Cannot  be  had  for  Unmasonic  conduct  generally 83 

Lodge  cannot  try  its  Master 470 

For  controversy  over  dog  improper 406 

Cannot  be   had  of  suspended    Mason    for  conduct   during 

suspension  84 

Cannot  be  had  for  threat  he  will  blackball  candidate 335 

Should  not  be  had  for  failure  to  answer'  notice  of  dismem- 
berment for  non-payment  of  dues 413 

Dimitted  Mason  removed  to  another  State  cannot  be  tried 

by  former  lodge 405 

Non-payment  of  debt  not  subject  of  Masonic  inquiry  299,  319 

Refusing  to  pay  for  a  still  should  not  be  tried 401 

Allowing  mother  to  become  a  county  charge 392 


INDEX.  53 

SECTION 

Can  be  had  for  blackballing  petitioner 335 

Cannot  be  had  for  desertion  from  army 126 

Single  act  of  drunkenness 372 

What  is  not  a  Masonic  offense 171 

Secretary  notifies  that  charges  are  preferred 211 

Cannot  be  had  by  committee S5,  274 

Vote  of  acquittal  cannot  be  reconsidered 114 

No  appeal  from  acquittal 268,  282,  420 

Accuser  cannot  appeal  from  acquittal 268,  282 

Cannot  be  had  by  lodge  at  refreshment 86 

Lodge  judges  credibility  of  testimony 103,  300 

Must  be  according  to  Mascmic  usage 301 

Lodge  opened  on  third  degree 310 

Lodge  called  off  when  profane  testifying 310 

Unnecessary  when 367 

Declared  null  and  void -. 274 

Individual  offense  should  not  be  made  joint 237 

Aider  or  abettor  cannot  be  tried  until  principal  convicted....  105 

Summons  must  be  served 200 

Technicalities  not  favored.. 380 

Accused  has  right  to  file  answer  and  verify  it 234 

Accused  may  make  statement 103,  300 

Accused  must  be  permitted  to  be  heard  in  defense 545 

Evidence  of  expelled  Mason  maybe  admitted  when 359 

Master  must  preside 504 

Lodge  members  should  be  "notified"  not  "summoned" 31S 

Lodge  may  employ  counsel 3S1 

Counsel  may  be  profane 319 

Master,  how  tried 538 

Master  cannot  grant  new  trial 252 

Lodge  has  territorial  as  well  as  personal  jurisdiction 5S6 

Lodge  may  try  resident  Masons  not  members 97,  253,  468 

Lodge  may  try  members   residing  beyond  territorial  limits 

of  lodge 480 

Disobeying  legal  summons  subjects  to 202,  262,  263 

Lodge  may  punish  for  false  accusations 264 

Mason  bringing  reproach  upon  Order  subjects  himself  to....  485 

Wilful  refusal  to  sign  By-laws  subjects  to 525 

Mason  may  be  for  murder 374,  414 

Lodge  may  try  for  passing  counterfeit  money 102 

Profanity  and  drunkenness  are  high  Masonic  crimes 172 

Liquor  selling  is  Unmasonic  conduct 261 

Suspended  Mason  may  be  tried 384 

May  be  had  of  non-affiliate  for  offenses  prior  to  his  dimission  434 


54  INDEX. 

SECTION 

Conviction  by  civil  courts  does  not  convict  in   lodge 301 

Charges  made  against  accuser  does  not  stop 309 

Collecting  money  for  Mason's  widow  and  not  accounting  for 

should  be  tried 195 

No  visitors  allowed  to  be  present ...  492 

Charges  must  be  served  when  address  known 190 

Must  be  had  at  hour  named 439 

Charges  and  specifications  must  be  served  on  accused 527 

Cannot  be  had  at  meeting  when  charges  are  presented 404 

Return  of   undelivered    registered    letter   containing   sum- 
mons shows  was  never  received  by  accused 536 

Accused  absent  trial  should  be  deferred 279 

Pending  appeal  convicted  Mason  has  no  Masonic  privileges  442 

When  committee  may  take  evidence 464 

After  expulsion  of  one  brother,  other  may  be  tried 187 

Accused  to  be  notified  of  taking  of  depositions 244,  272 

Must  be  had  on  specifications 422 

Specifications  must  be  explicit 396 

Specifications  must  be  voted  on 276 

Charges  not  sustained 266 

Hearsay  testimony  not  admissible  on 352,  545 

Necessary  for  suspension 462 

Charges  necessary  to  suspension 460 

Charges  should  be  preferred 143 

Majority  vote  convicts 265,  283 

Judgment  of  definite  suspension  cannot  be  reconsidered 214 

Cannot  be  earlier  than  time  given  in  summons 439 

May  appeal  to  Grand  Lodge 209,  252 

Grand  Lodge  may  increase  or  diminish  sentence 391 

Decision  of  lodge  may  be  modified  by  Grand  Lodge 397 

Grand  Lodge  may  reverse  lodge  judgment 233,  283 

Upon  appeal  when  reversed  same  is  certified  to  lodge  below 

for  new  trial 95 

Appeal  sustained  reinstates  brother 266,  315 

Suspensions  and  expulsions  to  be  reported  to  Grand  Lodge..  158,  162 

Grounds  of  appeal  must  be  stated  in  writing 220,  311 

New  trial  ordered  because  of  defective  transcript 355 

New  trial  granted  for  irregularity 272 

Transcript  should  contain 272,  371 

Transcript  must  show  two-thirds  vote  when  expelled 230 

Charges  and  specifications  must  show  in  transcript 22S 

When  transcript  remanded 228,  229 

Service  of  notice  to  show  on  transcript 227 


INDEX.  55 

Trial  (Grand  Lodge).  section 

Grand  Dodge  may  suspend  Master  pending  charges 115 

Can  try  absconding  Master  at  first  communication 113 

Mason  ignoring  summons  of  Grand  Master  properly  tried..  107 

Twelve  Months. 

Do  not  apply  to  rejected  non-affiliate  applying  second  time  556 

Unanimous  Vote. 

Not  necessary  removing  lodge  to  another  part  of  same  town  522 

Unfavorable  Ballot. 

Cannot  be  referred  to  sister  lodge 169 

Cannot  be  questioned 167 

Unfavorable  Report. 

Does  not  stop  action  on  petition 257 

Unmasonic. 

To  disclose  ballot 305 

Holding  balls  or  card  parties  in  hall 185 

Disclosing  secrecy  of  ballot 176 

Placing  emblems  on  advertisements 108 

Unmasonic  Conduct. 

Cannot  be  tried  for  generally 83 

Disobeying  legal  summons 278 

What  is  not 266 

Suit  at  law  is  not 329,  398,  570 

Bringing  suit  without  submitting  to  lodge  is  not 570 

Drunkenness  single  act 351 

Brother  declaring  how  he  voted 335 

Refusal  to  pay  for  a  still  is  not ....  401 

Illicit  distilling  is 328 

Liquor  selling  is .-. 261 

Retailing  whiskey  is  not 566 

Suspended  Mason  may  be  tried  and  expelled  for 280,  384 

Charges  must  be  preferred  and  served 200 

Slandering  brother  Mason  is 275 

Conviction  for  sustained 350 

Bxtorting  money  is 373 

Charging  falsely  is 264,  373 

Charges  not  sustained 396 

Vacancy  in  Office. 

By-laws  cannot  provide  for  election  to  fill 89 

Filled  only  at  regular  elections 79 

Virginia. 

Grand  Dodge  of  has  concurrent  jurisdiction  when 467,  478 

When  resident  here  may  petition  lodge  in 476 

Visitor. 

Non-affiliate   no   right  to  visit 427 


56  INDEX. 

SECTION 

Dimitted  Masons  and  members  of  defunct  lodges   not  enti- 
tled  to 471 

Non-affiliate  may  once 471 

Pending  appeal  accused  no  right  to 437,  438 

Masons  from  lodges  illegally  established  cannot 75 

Visiting. 

Non-affiliate  may  be  taxed  by  lodge  for 88 

Mason  has  right  of 221 

No  inherent  right  to  visit 225 

Member  may  object  to  admitting  visitor 222 

Non-affiliate  not  entitled  to  right  of 117 

Non-affiliate  may  visit  once 117,  194 

Visiting  Brother. 

Lodge  should  prefer  charges 224 

Visitors. 

Not  allowed  at  trials 389,  492 

Must  take  Tiler's  oath 218 

Must  take  oath  not  a  Cerneau 45S 

Not  received  from  lodges  under  Grand  Orient  of  France 376 

Objection  to  Master  can  inquire  into 223 

Voluntary. 

Assessments  must  be 52S 

Vote. 

All  members  entitled 322 

In  lodges  by  show  of  hands 61 

None  on  due  proficiency 531 

All  present  must 325,  547 

Master  cannot  make  and  break  a  tie 283 

Majority  convicts  on  trial 265 

Majority  of  those  present  necessary  to  elect 474 

Majority  sufficient  to  remove  lodge  to  another  part  of  same 

town 522 

Acquittal  in  trial  cannot  be  reconsidered 114 

Cannot  be  questioned  on  petitions  for  degrees  of  affiliation  305 

Waiting  Twelve  Months. 

Does  not  apply  to  rejected  non-affiliate  petitioning 556 

Waiver  of  Jurisdiction. 

Majority,  not  unanimous,  vote  necessary 511 

Warden. 

Master  must  have  served  as 247,  317 

When  acting  Master  has  his  authority 69 

Cannot  resign  or  dimit 294 

Senior  succeeds  on  death  of  Master 71 

Junior  succeeds  on  death  of  Master  and  Senior  Warden 71 


INDEX.  57 

SECTION 
Master  and  both  Warden's  chairs  vacant,  there  must  be  dis- 
pensation to  elect 71 

Master  may  call  anyone  to  the  chair,  although  both   War- 
dens present 340 

Elected,  declining  installation,  may  dimit 366 

Of  lodge  U.  D.,  appointed  by  Grand  Master 67 

Warrants. 

For  army  lodges  not  given  outside  of  State 118,  120 

May  issue  to  regiments  outside  of  State  for  the  war  for  army 

lodges 116 

Whiskey. 

Masonry  discountenances  traffic  in 566 

Retailing  is  not  Unmasonic 566 

White  Swelling. 

Where  getting  worse  petitioner  ineligible 578 

Does  not  disqualify  petitioner : 473 

Widow. 

Furnished  with  certificate  of  husband's  standing 54 

Remarriage  forfeits  Masonic  claims 304,  477 

Collecting  money  for  and  not  accounting  should  be  tried....  195,  352 

Withdrawal. 

Of  objections  to  advancement  of  candidate 456 

Withdrawal  of  Petitions. 

For  affiliation  cannot  be 549 

Cannot  be  had 306 

Petition  for  restoration  of  expelled  Mason 514 

Before  reference  to  committee 70 

Witnesses. 

Living  outside  of  State  evidence  may  be  taken  by  commit- 
tee   464 

May  be  other  than  members 389 

Profane  may  be 300 

May  testify 300 

Work. 

Uniformity   desired 9 

Stevenson  work  adopted 19 

Grand  Lecturers  to  lecture  on  three  degrees 13 

Custodians  to  preserve 419 

Due  proficiency  92 

Cypher  work  forbidden 170 

Seven  members  must  be  present 419 

Grand  Master  asked  to  have  exemplified 53 

Wooden  Leg. 

Ineligible  to  degrees 548a 

Write. 

Man  who  cannot  read  or,  eligible 454 


